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The People of the State of New York, Respondent, v. Jose Lopez, Appellant

New York Supreme Court, Appellate Division1997-12-29
245 A.D.2d 571666 N.Y.S.2d 510

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Opinion

majority opinion

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Grajales, J.), rendered September 6, 1995, convicting him of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant’s contention, the trial court conducted a thorough inquiry and recitation on the record of the facts and reasons for invoking the statutory authorization for discharging and replacing a juror based on continued unavailability (see, People v Page, 72 NY2d 69).

The defendant’s remaining contention is without merit. Bracken, J. P., Thompson, Krausrnan and Luciano, JJ., concur.