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PEOPLE v. VIRGIL

266 A.D.2d 847 (1999)

698 N.Y.S.2d 801

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MELVIN VIRGIL, Appellant.

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

Decided November 12, 1999.

Judgment unanimously affirmed.

Memorandum:

We reject defendant's contention that Supreme Court committed reversible error in discharging a sworn juror as unavailable for continued service. The juror was discharged with the consent of defense counsel (see, People v Joy, 206 A.D.2d 440, lv denied 84 N.Y.2d 869). Defendant failed to preserve for our review his contention that the court inadequately responded to...

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