Opinion
May 28, 1996
Appeal from the Supreme Court, Kings County (Feldman, 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 sick and replacing him with the first alternate juror. The court questioned the juror concerning the nature of his illness and ascertained that the juror had suffered an epileptic seizure and required medical attention. In light of this and other circumstances, including the possible lack of availability of a key witness, the discharge of the juror was proper ( see, People v. Page, 72 N.Y.2d 69, 73; People v. Miranda, 223 A.D.2d 728).
Moreover, the sentence imposed was not excessive ( see, People v. Suitte, 90 A.D.2d 80). Bracken, J.P., O'Brien, Joy and Florio, JJ., concur.