PEOPLE v. DELGADO


187 A.D.2d 447 (1992)

The People of the State of New York, Respondent, v. Luis Delgado, Appellant

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

November 2, 1992


Ordered that the judgment is affirmed.

The defendant contends, inter alia, that the trial court committed reversible error when it discharged a sworn juror as unavailable and replaced him with an alternate, based on an ex parte communication between the court and the juror. We disagree.

The record reveals that the discharged juror appeared in court on a Friday when the trial was in recess, after two days of testimony, and informed the court of...

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