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PEOPLE v. JONES

305 A.D.2d 264 (2003)

759 N.Y.S.2d 467

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ISAAC JONES, Appellant.

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

Decided May 20, 2003.

The court properly exercised its discretion in discharging a sworn juror who failed to appear in court within two hours of the time set by the court for the trial to resume. After conducting a thorough inquiry, in which it spoke to the juror by telephone and also questioned the court officers, the court properly discredited the juror's claim that he had, in fact, appeared at the end of the luncheon recess and been told that the...

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