People v. Gustke

Judgment unanimously affirmed. Memorandum: The trial court properly exercised its discretion in discharging a juror and replacing him with an alternate. The juror’s wife, who had broken her arm, was unable to take their sick child to the hospital. At the court’s request, the juror attempted to find someone to take the child, but was unsuccessful. The court then discharged the juror. Subsequently, the court informed defense counsel, who stated on the record that he had no objection to the replacement of that juror. Under the circumstances, the court was justified in discharging the juror…