Opinion
May 30, 2000
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Marrus, J.), rendered April 10, 1997, convicting him of conspiracy in the second degree, upon a jury verdict, and imposing sentence.
Before: Mangano, P.J., Thompson, Krausman and Feuerstein, JJ.
Ordered that the judgment is affirmed.
During the trial which lasted more than five weeks, a sworn juror became unavailable for continued service by reason of illness. Contrary to the defendant's contention, the court conducted a reasonably thorough inquiry and recited on the record the facts and reasons for the dismissal of that juror, as required ( see, CPL 270.35; People v. Page, 72 N.Y.2d 69, 73; People v. O'Connor, 222 A.D.2d 705).
The defendant has not preserved for appellate review his contentions that the trial court committed reversible error when it relegated the accomplice status of a particular witness to the jury for resolution as a question of fact, and that the People failed to present sufficient non-accomplice testimony to corroborate that witness's testimony ( see, CPL 470.05). In any event, the defendant's contentions have no merit. Where different inferences can be reasonably drawn from the evidence produced at trial, the question of whether a particular person is an accomplice is a question of fact for the jury ( see, People v. Cobos, 57 N.Y.2d 798; People v. Jeffries, 122 A.D.2d 281; People v. Tusa, 137 A.D.2d 151). Here, the court properly so charged the jury and the witness's testimony was sufficiently corroborated ( see, People v. Daniels, 37 N.Y.2d 624).
The defendant's sentence was not excessive ( see, People v. Suitte, 90 A.D.2d 80).