Opinion
January 25, 1990
Appeal from the Supreme Court, Bronx County (Bernard J. Fried, J.).
The evidence, viewed most favorably to the People, was sufficient to support the conviction (People v. Bleakley, 69 N.Y.2d 490). There is no basis upon which to disturb the jury's acceptance of the testimony by prosecution witnesses that the defendant entered the automobile in question without any authority and attempted to drive it away.
Moreover, the court did not improperly exercise its authority when it discharged two jurors who were unavailable or unable to continue to serve due to illness or other incapacity pursuant to CPL 270.35 (see, People v. Page, 72 N.Y.2d 69, 73). In that regard, the court, after conducting an inquiry of each juror, was warranted in finding that the juror's return and the length of the absence was not determinable. Thus, the court properly discharged one juror on the ground of illness and the other because of a personal tragedy.
Concur — Sullivan, J.P., Ross, Milonas, Smith and Rubin, JJ.