People v. Vargas

—Judgment, Supreme Court, Bronx County (Efrain Alvarado, J.), rendered September 13, 1996, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to two concurrent terms of 6 to 12 years, unanimously affirmed.

The court properly exercised its discretion in substituting a sworn juror, over defendant’s objection, after making an appropriate inquiry (see, People v Page, 72 NY2d 69, 73). The juror was rendered unavailable by the…