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PEOPLE v. HASTINGS

192 A.D.2d 476 (1993)

596 N.Y.S.2d 420

The People of the State of New York, Respondent, v. Derrick Hastings, Appellant

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

April 27, 1993

The court's inquiry into the circumstances surrounding the juror's absence warranted the finding that the juror was no longer available for continued service and should be replaced pursuant to CPL 270.35 (see, People v Page, 72 N.Y.2d 69). Although the jury was told to be in court by 9:45 A.M. and to call if they were going to be late, the court, having received no phone call from the juror, waited until 11:30 before acting...

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