PEOPLE v. JOY

Ordered that the judgment, as amended, is affirmed.

We disagree with the defendant's contention that the trial court committed reversible error when it discharged as unavailable a sworn juror and replaced him with an alternate juror after questioning the discharged juror in defense counsel's presence, but without the defendant's direct participation in the process. The record shows that defense counsel consented to the discharge (see, People v. Carbonaro, 162 A.D.2d 459). Thompson, J.P., Balletta, O'Brien and Florio, JJ., concur.