People v. Gibbs

—Judgment, Supreme Court, New York County (William Leibovitz, J.), rendered January 27, 1997, convicting defendant, after a jury trial, of criminal possession of a weapon in the third degree, and sentencing him, as a second felony offender, to a term of 2xk to 5 years, unanimously affirmed.

When a sworn juror was discharged, based upon a ground not known before the juror was sworn, and 12 jurors had been sworn but no alternates had yet been selected, the court properly resumed “regular” jury selection, in accordance with CPL 270.15 (4), in order to replace that discharged juror, rather than…