PEOPLE v. LOPEZ


197 A.D.2d 639 (1993)

604 N.Y.S.2d 767

The People of the State of New York, Respondent, v. Israel Lopez, Appellant

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

October 18, 1993


Ordered that the judgment is affirmed.

The defendant contends that the court erred by discharging a sworn juror, over his objection, without conducting a sufficient inquiry as to the juror's continued unavailability. We disagree.

The trial court conducted a reasonably thorough inquiry and recited on the record the facts and reasons for invoking its statutory authority for discharging a sworn juror due to unavailability (see, CPL 270.35). The court carefully...

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