Opinion
Argued June 25, 1999
October 4, 1999
Elan Gerstmann, New York, N.Y., for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Roseann B. MacKechnie and Monique Ferrell of counsel), for respondent.
SONDRA MILLER, J.P., THOMAS R. SULLIVAN, MYRIAM J. ALTMAN, LEO F. McGINITY, JJ.
DECISION ORDER
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.
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 (see, CPL 270.35). The court conducted a reasonably thorough inquiry and recited on the record the facts and reasons for the dismissal, as required (see, People v. Page, 72 N.Y.2d 69, 73; People v. O'Connor, 222 A.D.2d 705).
The defendant's sentence was not excessive (see, People v. Suitte, 90 A.D.2d 80, 86).
The defendant's remaining contentions are without merit.
S. MILLER, J.P., SULLIVAN, ALTMAN, and McGINITY, JJ., concur.