People v. Hopkins

Judgment affirmed. Memorandum: Defendant was not denied his constitutional and statutory right "to a particular jury chosen according to law, in whose selection he has a voice” (People v Ivery, 96 AD2d 712; see also, People v Wilson, 106 AD2d 146). The court has limited authority to dismiss a sworn juror if the juror "becomes unable to serve by reason of illness or other incapacity” (CPL 270.15 [3]). The trial court did not abuse its discretion when it dismissed a sworn juror during jury selection. The juror stated on the record that she experienced difficulty in breathing when she was…