Legal Opinion

People v. Robinson

Appellate Division of the Supreme Court of the State of New York

Decided February 13, 2007Published

1Opinion of the Court

*624Appeal by the defendant from a judgment of the Supreme Court, Kings County (Collini, J.), rendered March 3, 2005, convicting him of burglary 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 providently exercised its discretion in replacing a sworn juror on the ground of illness. The record shows that the court made a “reasonably thorough inquiry” (CPL 270.35 [2] [a]) into the juror’s unavailability, afforded the parties the opportunity to be heard, and placed the facts and reasons for…

2Cases cited4 opinions

  1. People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
  2. People v. JeantyNew York Court of Appeals · 2000
  3. People v. SheltonAppellate Division of the Supreme Court of the State of New York · 2006
  4. People v. MerrittAppellate Division of the Supreme Court of the State of New York · 2002

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