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PEOPLE v. SMITH

304 A.D.2d 364 (2003)

758 N.Y.S.2d 33

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LANCE SMITH, Appellant.

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

Decided April 8, 2003.

By consenting to the substitution of an alternate for a sick juror, defendant waived any argument that the substitution was improper (see People v Ortiz, 92 N.Y.2d 955 [1998]). The court did not impermissibly delegate its duty to "make a reasonably thorough inquiry" under CPL 270.35 (2) (a) by relying, without objection, on information relayed by a court officer and a court clerk that the juror was ill with the flu, was going to...

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