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PEOPLE v. JAVIER

210 A.D.2d 118 (1994)

620 N.Y.S.2d 66

The People of the State of New York, Respondent, v. Jesus Javier, Appellant

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

December 15, 1994

The trial court properly substituted an alternate for a sworn juror after the clerk received a phone call from an unidentified friend of the juror indicating that the juror's father had passed away, and that she had left for Florida and would not be able to continue (see, People v McDonald, 143 A.D.2d 1050, lv denied 73 N.Y.2d 857). There is no merit to defendant's claim that an unbroken chain of custody for the

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