PEOPLE v. CRUZ


48 A.D.3d 205 (2008)

851 N.Y.S.2d 157

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. VICTOR CRUZ, Appellant.

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

Decided February 5, 2008.


The court properly replaced a sick juror with an alternate over defendant's objection. At the commencement of trial, a sworn juror called in to indicate that he was sick. The court informed the parties that the juror sounded over the phone as though he was quite ill, with flu-like symptoms. Counsel objected that there was an insufficient basis to conclude that the juror could not become available in a "reasonable time," but made no objection to the extent of the court's inquiry...

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