Opinion
No. 2005-02988.
February 13, 2007.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Collini, J.), rendered March 3, 2005, convicting him of burglary in the third degree, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (Katherine R. Schaefer of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Camille O'Hara Gillespie of counsel; Andrew M. Pickett on the brief), for respondent.
Before: Schmidt, J.P., Crane, Fisher and Dickerson, JJ.,
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, the trial court providently exercised its discretion in replacing a sworn juror on the ground of illness. The record shows that the court made a "reasonably thorough inquiry" (CPL 270.35 [a]) into the juror's unavailability, afforded the parties the opportunity to be heard, and placed the facts and reasons for its determination on the record ( see CPL 270.35 [b]; People v Jeanty, 94 NY2d 507, 516; People v Shelton, 31 AD3d 791, 791-792, lv denied 7 NY3d 851; People v Merritt, 299 AD2d 370, 370-371).
The sentence imposed was not excessive ( see People v Suitte, 90 AD2d 80).