PEOPLE v. GRAVES

After conducting a suitable inquiry as to the juror's availability, 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 the juror could not advise when she would be available ( see, People v Velazquez, 211 A.D.2d 471, lv denied 85 N.Y.2d 915; People v. Cook, 176 A.D.2d 209, lv denied 79 N.Y.2d 825).

Concur — Milonas, J.P., Rubin, Tom, Andrias and Colabella, JJ.