Opinion
2598.
Decided December 30, 2003.
Judgment, Supreme Court, New York County (Bruce Allen, J.), rendered January 3, 2002, convicting defendant, after a jury trial, of burglary in the first degree, attempted assault in the first degree (two counts), criminal possession of a weapon in the second degree (three counts), and criminal possession of a weapon in the third degree, and sentencing him, as a persistent violent felony offender, to an aggregate term of 20 years to life, unanimously affirmed.
Zachary H. Johnson, for Respondent.
Bruce D. Austern, for Defendant-Appellant.
Before: Tom, J.P., Mazzarelli, Ellerin, Lerner, Marlow, JJ.
The court properly exercised its discretion in replacing a juror, who, because of her attendance at a funeral, would have arrived five to six hours late for court ( see CPL 270.35[a]; People v. Jeanty, 94 N.Y.2d 507).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.