Opinion
May 27, 1994
Appeal from the Supreme Court, Monroe County, Doyle, J.
Present — Denman, P.J., Green, Lawton, Wesley and Callahan, JJ.
Judgment unanimously affirmed. Memorandum: We reject defendant's contention that the trial court abused its discretion in allowing the prosecutor to cross-examine defendant about a prior conviction of criminal possession of a weapon in the third degree. Although that crime is similar to the crimes charged, cross-examination for impeachment purposes was properly permitted (see, People v Pavao, 59 N.Y.2d 282, 292; People v. Breneman, 192 A.D.2d 1084, lv denied 81 N.Y.2d 1011). The court also properly exercised its discretion in discharging a sworn juror and replacing him with an alternate juror after determining that the sworn juror would be hospitalized for at least three days (see, People v. McDermott, 201 A.D.2d 913). Defendant's sentence is not harsh or excessive.