PEOPLE v. ANTHONY TISDALE


270 A.D.2d 917 (2000)

705 N.Y.S.2d 158

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. QUINN ANTHONY TISDALE, Appellant.

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

Decided March 29, 2000.


Judgment unanimously affirmed.

Memorandum:

Supreme Court properly replaced two sworn jurors with alternate jurors (see, CPL 270.35 [1]). During the middle of the trial, one of the jurors at issue sent a message that she had to stay home with her ill seven-month-old infant and did not know whether she would be able to return to court the next day. Under those circumstances, the court was within its discretion in concluding that the juror was unavailable...

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