PEOPLE v. CARMONA


265 A.D.2d 197 (1999)

696 N.Y.S.2d 147

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LEOPOLDO CARMONA, Also Known as LISPOLDO CARMONE, Appellant.

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

Decided October 14, 1999.


The court appropriately exercised its discretion in ruling that a sworn juror was unavailable for continued service (see, CPL 270.35). The court's determination was made only after a reasonably thorough inquiry, including two telephone conversations between the court and the juror. The second telephone call was for the purpose of asking questions proposed by counsel. The court then recited on the record the answers to the questions and the reasons for such discharge...

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