Majority
p. 781The People of the State of New York, Respondent, v Jose Ortiz, Appellant. [730 NYS2d 741]
—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Spires, J.), rendered July 7, 1999, convicting him of burglary in the second degree and petit larceny, upon a jury verdict, and imposing sentence.
p. 782
Ordered that the judgment is affirmed.
The trial court’s discharge of a missing juror was supported both procedurally and substantively by CPL 270.35 (2). The trial court waited for more than two hours and engaged in a reasonably thorough inquiry as to the juror’s whereabouts before applying the statutory presumption of unavailability (see, People v Jeanty, 94 NY2d 507 ).
The defendant’s remaining contention is unpreserved for appellate review and, in any event, is without merit. Goldstein, J. P., McGinity, H. Miller and Townes, JJ., concur.
Cases cited
- People v. Jeanty 94 NY2d 507 p. 782