Opinion
2001-02514.
Submitted May 19, 2003.
November 24, 2003.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Roman, J.), rendered February 27, 2001, convicting him of robbery in the first degree (two counts), robbery in the second degree, criminal possession of a weapon in the second degree, criminal possession of a weapon in the third degree (two counts), and criminal possession of stolen property in the fifth degree, upon a jury verdict, and imposing sentence.
Steven A. Feldman, Hauppauge, N.Y., for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Sharon Y. Brodt, and Brian J. Michels of counsel), for respondent.
Before: NANCY E. SMITH, J.P., SONDRA MILLER, STEPHEN G. CRANE, BARRY A. COZIER, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
After conducting "reasonably thorough" inquiries into each situation (CPL 270.35[a]), the trial court providently exercised its discretion in discharging two sworn jurors on the ground that they were unavailable for continued service ( see CPL 270.35; People v. Jeanty, 94 N.Y.2d 507; People v. Merritt, 299 A.D.2d 370; People v. Bruno, 295 A.D.2d 228; People v. Jackson, 240 A.D.2d 680, 681; People v. Hill, 182 A.D.2d 640).
Contrary to the defendant's contention, the Supreme Court did not impose an enhanced sentence for exercising his right to a trial ( see People v. Robinson, 287 A.D.2d 582; People v. Durkin, 132 A.D.2d 668, 669).
SMITH, J.P., S. MILLER, CRANE and COZIER, JJ., concur.