People v. Artist

745 N.E.2d 384, 95 N.Y.2d 944, 722 N.Y.S.2d 465, 2000 N.Y. LEXIS 3800

Opinion

OPINION OF THE COURT

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 NY2d 838, 839-840; People v Thompson, 90 NY2d 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 NY2d 879, 880).

Chief Judge Kaye and Judges Smith, Levine, Ciparick, Wesley and Rosenblatt concur.

Order affirmed in a memorandum.