PEOPLE v. JONES

The court properly exercised its discretion in discharging a sworn juror who was unavailable or unable to continue to serve due to illness ( see, People v. Page, 72 N.Y.2d 69), since it could not be definitively determined when the juror would be available ( see, People v. Graves, 243 A.D.2d 275, lv denied 91 N.Y.2d 834; People v. Velazquez, 211 A.D.2d 471, lv denied 85 N.Y.2d 915) and since witnesses and other jurors would be inconvenienced by the delay at the late stage of these proceedings.

Concur — Tom, J. P., Mazzarelli, Andrias and Saxe, JJ.