People v. Page

OPINION OF THE COURT

Bellacosa, J.

In each case, defendant appeals from an affirmance of his criminal conviction. Each contends he was deprived of his constitutional and statutory right to trial by a jury of his choice when the Trial Justices in the two different cases discharged a sworn juror on the ground that the juror was "unavailable for continued service” (CPL 270.35).

In Supreme Court, Criminal Term, New York County, on the first scheduled day of trial of People v Page, the Trial Justice, outside the presence of the jury, explained to the defendant, his counsel and the Assistant District…