PEOPLE v. GONZALEZ


13 A.D.3d 645 (2004)

789 N.Y.S.2d 59

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v RICHARD GONZALEZ, Appellant.

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

December 27, 2004.


Ordered that the judgment is affirmed.

The defendant contends that the trial court erred in discharging a missing juror without conducting a "reasonably thorough inquiry" into his whereabouts or waiting for two hours from the time set for trial (CPL 270.35 [2] [a]). The defendant's claim is not preserved for appellate review because the defense counsel did not specifically object to the sufficiency of the court's inquiry or state that the court had not waited a sufficient...

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