| People v Barkley |
| 2009 NY Slip Op 06999 [66 AD3d 1432] |
| October 2, 2009 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v James D.Barkley, Appellant. |
—[*1] Michael C. Green, District Attorney, Rochester (Patrick H. Fierro of counsel), forrespondent.
Appeal from a judgment of the Monroe County Court (Alex R. Renzi, J.), renderedSeptember 28, 2005. The judgment convicted defendant, upon a jury verdict, of robbery in thesecond degree (two counts).
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him, upon a jury verdict, oftwo counts of robbery in the second degree (Penal Law § 160.10 [1], [2] [a]). We concludethat County Court "was within its discretion" at trial in discharging a sworn juror based on amedical emergency involving the juror's spouse (People v Tisdale, 270 AD2d 917[2000], lv denied 95 NY2d 839 [2000]; see People v Aponte, 28 AD3d 672 [2006], lv denied 7NY3d 785 [2006]; People v McCullin, 248 AD2d 277 [1998], lv denied 92NY2d 928 [1998]). The court made the requisite "reasonably thorough inquiry" in determiningthat the juror was unavailable for continued service (CPL 270.35 [2] [a]), and properly placed onthe record its reasons for discharging the juror after permitting the prosecutor and defensecounsel to be heard on the matter (see CPL 270.35 [2] [b]). Present—Hurlbutt,J.P., Fahey, Peradotto, Green and Pine, JJ.