Opinion
April 19, 1999
Appeal from the Supreme Court, Queens County (Demakos, J.).
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, the trial court did not improvidently exercise its discretion by discharging a juror who was involved in a car accident and replacing him with the first alternate juror. The court's telephone conversations with the discharged juror at different times during the day, in which the juror repeatedly indicated that he did not know when he would be able to return to court, support the trial court's conclusions that the juror should be discharged and the alternate juror appointed ( see, People v. Page, 72 N.Y.2d 69, 73; People v. Miranda, 223 A.D.2d 728; People v. Males, 227 A.D.2d 645; People v. Jamison, 203 A.D.2d 385).
The defendant's remaining contentions are either unpreserved for appellate review ( see, CPL 470.05) or lack merit.
Bracken, J. P., Sullivan, Friedmann and Florio, JJ., concur.