People v. Ortiz
Cases that cite this one
2 later published cases cite this decision.
- People v. Newmark (Appellate Division of the Supreme Court of New York 2017)
- People v. Khan (Appellate Division of the Supreme Court of New York 2003)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
—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.
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.