Opinion
(IND. NO. 920/97)
Submitted September 6, 2001.
September 24, 2001.
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.
Lynn W. L. Fahey, New York, N.Y. (Paul Skip Laisure of counsel), for appellant, and appellant pro se.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Donna Aldea of counsel), for respondent.
Before: GLORIA GOLDSTEIN, J.P., LEO F. McGINITY, HOWARD MILLER, SANDRA L. TOWNES, JJ.
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 N.Y.2d 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.