People v. Rivera

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Lonschein, J.), rendered December 20, 1989, convicting him of criminal sale of a controlled substance in the third degree, and criminal possession of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant’s contention, the trial court did not improvidently exercise its discretion by discharging a juror who called in sick. The court returned the juror’s call, and determined that the juror had been ill with the flu for at…