PEOPLE v. BARKLEY (2009)

Defendant appeals from a judgment convicting him, upon a jury verdict, of two counts of robbery in the second degree (Penal Law § 160.10[1], [2] [a] ). We conclude that County Court “was within its discretion” at trial in discharging a sworn juror based on a medical emergency involving the juror's spouse (People v. Tisdale, 270 A.D.2d 917, 705 N.Y.S.2d 158, lv denied 95 N.Y.2d 839, 713 N.Y.S.2d 146, 735 N.E.2d 426; see People v. Aponte, 28 A.D.3d 672, 813 N.Y.S.2d 224, lv denied 7 N.Y.3d 785, 821 N.Y.S.2d 814, 854 N.E.2d 1278; People v. McCullin, 248 A.D.2d 277, 670 N.Y.S.2d 459, lv denied 92 N.Y.2d 928, 680 N.Y.S.2d 469, 703 N.E.2d 281). The court made the requisite “reasonably thorough inquiry” in determining that the juror was unavailable for continued service (CPL 270.35[2][a] ), and properly placed on the record its reasons for discharging the juror after permitting the prosecutor and defense counsel to be heard on the matter (see CPL 270.35[2] [b] ).

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

MEMORANDUM: