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PEOPLE v. PANIAQUA

160 A.D.2d 334 (1990)

The People of the State of New York, Respondent, v. Guillermo Paniaqua, Appellant

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

April 12, 1990

Defendant contends that he was deprived of his constitutional right to be tried by a jury of his choice when the trial court discharged a sworn juror upon the ground that the juror was "unavailable for continued service" (CPL 270.35). The juror failed to appear as directed at 9:30 on the morning of December 3, 1987. At 10:00 A.M. a court officer attempted to reach the juror by phone without success. At 10:05 an alternate juror...

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