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PEOPLE v. RAMIREZ

8882, 5081/11.

171 A.D.3d 437 (2019)

97 N.Y.S.3d 108

2019 NY Slip Op 02485

The People of the State of New York, Respondent, v. Alexis Ramirez, Appellant.

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

Decided April 2, 2019.

After a sufficient inquiry, the court providently exercised its discretion in discharging a juror based on unavailability (see CPL 270.35 [1], [2] [a]). The juror explained that he had an appointment for a physical examination the next morning. It was clear that the examination would require him to be absent from court for more than two hours, given the length and location of the examination. The juror also explained that...

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