People v. Witherspoon

OPINION OF THE COURT

Leon Ruchelsman, J.

The defendant is charged with criminal sale of a controlled *63substance in or near school grounds (Penal Law § 220.44 [2]). This charge arose out of an alleged buy and bust operation which took place in Kings County on June 24, 1999. The defendant’s trial commenced on Tuesday, May 9, 2000. The following day, Wednesday, May 10, 2000, after jury selection and before opening remarks by either attorney, juror number eight indicated that he would be absent from court the next day. The juror explained that his wife was being induced and he would accompany her to…