People v. Cook

— Judgment, Supreme Court, New York County (Rena Uviller, J.), rendered February 15, 1990, convicting defendant, after a jury trial, of assault in the second degree, burglary in the third degree, and criminal possession of a weapon in the third degree, and sentencing him to consecutive indeterminate terms of from 3 Vi to 7 years’ imprisonment, unanimously affirmed.

Upon examination of the record, we find that the trial court did not improperly exercise its authority when on the second day of trial it discharged a sworn juror who was unavailable or unable to continue to serve due to illness…