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PEOPLE v. ORTIZ

286 A.D.2d 781 (2001)

730 N.Y.S.2d 741

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE ORTIZ, Appellant.

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

Decided September 24, 2001.

Ordered that the judgment is affirmed.

The trial court's discharge of a missing juror was supported both procedurally and substantively by CPL 270.35 (2). The trial court waited for more than two hours and engaged in a reasonably thorough inquiry as to the juror's whereabouts before applying the statutory presumption of unavailability (see, People v Jeanty, 94 N.Y.2d 507).

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