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PEOPLE v. WASHINGTON

131 A.D.2d 118 (1987)

The People of the State of New York, Respondent, v. Raymond Washington, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

October 29, 1987

Attorney(s) appearing for the Case

Rosali Vazquez of counsel (Jonathan Carter with him on the brief; Philip L. Weinstein, attorney), for appellant.

William J. Natbony of counsel (Maryjane C. Shimsky with him on the brief; Robert M. Morgenthau, District Attorney, attorney), for respondent.

KUPFERMAN, J. P., CARRO and ROSENBERGER, JJ., concur.

KASSAL, J.

The sole issue on the appeal is whether the trial court erred in discharging an absent juror on the second day of the trial.

Defendant appeals from a judgment which convicted him after a jury trial of grand larceny in the third degree and sentenced him as a predicate felon to an indeterminate term of 2 to 4 years' imprisonment. The conviction arose out of an incident which occurred on August...

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