People v. Cintron

Judgment, Supreme Court, Bronx County (Frank Diaz, J.), rendered November 9, 1990, convicting defendant, after a jury trial, of sodomy in the first degree and four counts of sexual abuse in the first degree, and sentencing him to one term of 5 to 15 years to run concurrently with four concurrent terms of 2 to 6 years, respectively, unanimously affirmed.

The court’s replacement of a sworn juror over defense objection was a proper exercise of discretion (People v Page, 72 NY2d 69, 73). The court personally communicated by telephone with the juror, who could not satisfactorily explain his two-day…