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PEOPLE v. GUERRERO

221 A.D.2d 465 (1995)

634 N.Y.S.2d 125

The People of the State of New York, Respondent, v. Carlos Guerrero, Appellant

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

November 13, 1995

Ordered that the judgment is reversed, on the law, and a new trial is ordered.

The Supreme Court improvidently exercised its discretion in discharging a sworn juror without first conducting "a reasonably thorough inquiry and recitation on the record of the facts and reasons for invoking the statutory authorization of discharging and replacing [the] juror based on continued unavailability" (People v Page,

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