People v. Cusumano

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Fisher, J.), rendered May 3, 1991, convicting him of bribery in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is reversed, on the law, and a new trial is ordered. The facts have been considered and are determined to have been established.

The statutory standard for discharging a juror and replacing him or her with an alternate juror is contained in CPL 270.35, which provides that "[i]f at any time after the trial jury has been sworn and before the rendition of its verdict, a…