| People v Barksdale |
| 2015 NY Slip Op 05955 [130 AD3d 746] |
| July 8, 2015 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Stephen Barksdale, Appellant. |
Lynn W.L. Fahey, New York, N.Y. (Jonathan M. Kratter of counsel), forappellant.
Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove, CamilleO'Hara Gillespie, and Benjamin D. White of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County(Ozzi, J.), rendered December 16, 2011, convicting him of burglary in the first degree,robbery in the first degree, criminal trespass in the second degree, and kidnaping in thesecond degree (two counts), upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, the Supreme Court did not improperlydischarge a sworn juror and replace him with an alternate. The court conducted areasonably thorough inquiry into the juror's unavailability and providently exercised itsdiscretion in replacing the juror after determining that the juror would not appear withinthe two-hour time period set forth in CPL 270.35 (2) (see People v Jeanty, 94NY2d 507 [2000]). The defendant's claim regarding the constitutionality of the dischargeof the juror is unpreserved for appellate review (see People v Angelo, 88 NY2d217, 222 [1996]; People vGueye, 122 AD3d 768, 768 [2014]; People v Ballard, 51 AD3d 1034, 1035-1036 [2008]) and,in any event, without merit (see People v Jeanty, 94 NY2d at 517; People vBallard, 51 AD3d at 1036). Dillon, J.P., Leventhal, Cohen and Maltese, JJ.,concur.