People v. Cruz

*206Judgment, Supreme Court, New York County (Edward J. McLaughlin, J.), rendered May 26, 2005, convicting defendant, after a jury trial, of assault in the first and second degrees, and sentencing him to concurrent terms of 15 years and 7 years, unanimously affirmed.

The court properly replaced a sick juror with an alternate over defendant’s objection. At the commencement of trial, a sworn juror called in to indicate that he was sick. The court informed the parties that the juror sounded over the phone as though he was quite ill, with flu-like symptoms. Counsel objected that there was an…