PEOPLE v. MORGAN


175 A.D.2d 184 (1991)

The People of the State of New York, Respondent, v. George Morgan, Appellant

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

July 8, 1991


Ordered that the judgment is affirmed.

On Thursday morning, just prior to closing arguments, Juror Number Four telephoned the court and indicated that he had an abscessed tooth, and that he could not come in, on that day or the next, but "might" be able to come in on Monday. Since the length of the juror's absence was not fully ascertainable, but would be at least four days, the court properly denied the defendant's request to adjourn the trial until the juror was...

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