PEOPLE v. ORTIZ


92 N.Y.2d 955 (1998)

705 N.E.2d 1199

683 N.Y.S.2d 158

The People of the State of New York, Respondent, v. Milton Ortiz, Also Known as Jesus Ortiz, Appellant.

Court of Appeals of the State of New York.

Decided November 18, 1998.


Attorney(s) appearing for the Case

Solomon Rosengarten, Brooklyn, for appellant.

Charles J. Hynes, District Attorney of Kings County, Brooklyn (Jodi L. Mandel and Roseann B. MacKechnie of counsel), for respondent.

Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE, CIPARICK and WESLEY concur.


MEMORANDUM.

The order of the Appellate Division should be affirmed.

Defendant was convicted, after a jury trial, of the crimes of criminal sale and criminal possession of a controlled substance in the third degree. During the course of trial but prior to the commencement of deliberations, the jurors had been instructed to arrive in court at 11:00 A.M. At 12:30 P.M., court personnel informed the Trial Judge that one...

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