Opinion
Argued November 15, 2000.
Decided December 14, 2000.
APPEAL, by permission of an Associate Judge of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the First Judicial Department, entered March 2, 2000, which affirmed a judgment of the Supreme Court (William Wetzel, J.), rendered in New York County upon a verdict convicting defendant of manslaughter in the second degree.
Joseph M. Nursey, for appellant.
Deborah L. Morse, for respondent.
Before: Chief Judge Kaye and Judges Smith, Levine, Ciparick, Wesley and Rosenblatt concur.
MEMORANDUM:
The order of the Appellate Division should be affirmed.
The record demonstrates that defendant's argument, that he was denied his right to a jury trial and due process as a result of the substitution of the Trial Judge during jury deliberations, is unpreserved (see, People v Tonge, 93 N.Y.2d 838, 839-840; People v Thompson, 90 N.Y.2d 615, 621). Defendant's argument that the substitute judge failed to exercise her discretion in ruling that the jury could not be released from sequestration is similarly unpreserved (see, People v Shaw, 90 N.Y.2d 879, 880).
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Order affirmed, in a memorandum.