People v. Caputo

The sole question on this appeal relates to the discharge of a juror and substituting an alternate juror in accordance with section 358-a of the Code of Criminal Procedure. After the jury started deliberating, as to the guilt or innocence of the defendant, the court was informed that one of the jurors was ill and unable to continue deliberations. The jury returned to the courtroom and the court excused the juror and directed that an alternate juror be drawn. Counsel for the defendant objected on the ground that no proper foundation or sufficient cause was shown for excusing the juror.…