— Appeal by the defendant from a judgment of the Supreme Court, Kings County (Pesce, J.), rendered December 22, 1987, convicting him of robbery in the first degree and grand larceny in the fourth degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is reversed, on the law, and a new trial is ordered. Findings of fact have been considered and are determined to be established.
The record indicates that on Thursday, December 3, 1987, 12 jurors and 3 alternates were selected and agreed upon by the defendant and the prosecution. On the morning of the following day, Friday, December 4, 1987, the court stated on the record that juror number 12 had informed it that she was an observant Jew, and would have to leave by 1:00 p.m. in order to prepare for the Jewish Sabbath. The court rejected
Initially, we note, that the defense counsel, in the quoted colloquy, brought this issue to the court’s attention in a way "that pinpointed the legal question” (People v Cobos, 57 NY2d 798, 800), and never voluntarily consented to the choice presented to him by the court. Consequently, this issue was preserved for appellate review.
With respect to the merits of this issue, there is no indication in the record, or even an allegation by the People, that juror number 12 would not have returned for jury duty on the following Monday morning. The instant case was not a complex one and the short delay which would have been occasioned by adjourning the case to the following Monday morning, in order to accommodate an observer of the Jewish Sabbath, was not a sufficient basis to disregard the defendant’s right to be tried by a jury in whose selection he had a voice (see, People v Page, 72 NY2d 69, 73-74; People v Rosa, 138 AD2d 753, lv denied 72 NY2d 866; Judiciary Law § 518; CPL 270.15 [3]). We have reviewed the remaining errors alleged by the defendant and find them to be either unpreserved for appellate review, without merit, or harmless (CPL 470.05 [2]; People v Contes, 60 NY2d 620; People v Holt, 67 NY2d 819). Mangano, J. P., Thompson, Kunzeman and Eiber, JJ., concur.