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PEOPLE v. PAGE

72 N.Y.2d 69 (1988)

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

Court of Appeals of the State of New York.

Decided July 7, 1988.

Attorney(s) appearing for the Case

Andrea Hirsch and Philip L. Weinstein for appellant in the first above-entitled action.

Robert M. Morgenthau, District Attorney (Mark Dwyer and Olga Boikess of counsel), for respondent in the first above-entitled action.

Rosali Vazquez and Philip L. Weinstein for appellant in the second above-entitled action.

Robert M. Morgenthau, District Attorney (Maryjane C. Shimsky and Mark Dwyer of counsel), for respondent in the second above-entitled action.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR., concur.

BELLACOSA, J.

In each case, defendant appeals from an affirmance of his criminal conviction. Each contends he was deprived of his constitutional and statutory right to trial by a jury of his choice when the Trial Justices in the two different cases discharged a sworn juror on the ground that the juror was "unavailable for continued service" (CPL 270.35).

In Supreme Court, Criminal Term, New York County...

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