People v. Mebane

Appeal by the defendant from an amended judgment of the County Court, Nassau County (Ayres, J.), rendered May 30, 2007, convicting him of assault in the second degree, criminal possession of a controlled substance in the third degree, criminal possession of a controlled substance in the seventh degree, and resisting arrest, upon a jury verdict, and imposing sentence.

Ordered that the amended judgment is affirmed.

The County Court properly discharged a juror just prior to opening statements, over the defendant’s objection, on the ground of “illness or other incapacity” (CPL 270.35 [1]), since…