PEOPLE v. STEELE


162 A.D.2d 128 (1990)

The People of the State of New York, Respondent, v. Samuel Steele, Appellant

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

June 5, 1990


At the start of trial, one of the selected jurors failed to appear. When a telephone call was placed to the missing juror's home, it was learned that the juror and his wife had left their home (also in The Bronx) at 9:30 A.M. for an unknown destination. When the juror still had not appeared at 11:35 A.M., the court discharged him and substituted an alternate, over defense objections. The record shows that the Trial Judge made a reasonable attempt to ascertain the whereabouts...

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