Opinion
February 25, 1993
Appeal from the Supreme Court, New York County (Albert P. Williams, J.).
Contrary to defendant's claim on appeal, his pro se speedy trial motion raised no issues of fact and was properly denied. Dismissal of the ill juror was proper (People v Page, 72 N.Y.2d 69), as was the court's refusal to submit attempted petit larceny as a lesser offense. Defendant was not deprived of a fair trial by the prosecutor's summation.
Concur — Sullivan, J.P., Ellerin, Wallach, Ross and Rubin, JJ.