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PEOPLE v. ARTIST

95 N.Y.2d 944 (2000)

745 N.E.2d 384

722 N.Y.S.2d 465

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PHILIP MALACHI ARTIST, Appellant.

Court of Appeals of the State of New York.

Decided December 14, 2000.

Attorney(s) appearing for the Case

Office of the Appellate Defender, New York City (Joseph M. Nursey and Richard M. Greenberg of counsel), for appellant.

Robert M. Morgenthau, District Attorney of New York County, New York City (Deborah L. Morse, Mark Dwyer and Susan Gliner of counsel), for respondent.

Before: Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK, WESLEY and ROSENBLATT concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed.

The record demonstrates that defendant's argument, that he was denied his right to a jury trial and due process as a result of the substitution of the Trial Judge during jury deliberations, is unpreserved (see, People v Tonge, 93 N.Y.2d 838, 839-840; People v Thompson,<...

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