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The PEOPLE of the State of New York, Respondent, v. Don THOMAS, Defendant-Appellant.
Judgment, Supreme Court, New York County (Budd Goodman, J.), rendered June 5, 1997, convicting defendant, after a jury trial, of robbery in the second degree, and sentencing him, as a persistent violent felony offender, to a term of 20 years to life, unanimously affirmed.
The court properly exercised its discretion in replacing a sworn juror who advised the court by telephone that he had been injured and who was unable to give any indication as to when he could return to court (see, CPL 270.35).
We perceive no abuse of sentencing discretion.
MEMORANDUM DECISION.
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Decided: December 14, 1999
Court: Supreme Court, Appellate Division, First Department, New York.
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Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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