People v. Ortiz

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Defendant was convicted, after a jury trial, of the crimes of criminal sale and criminal possession of a controlled substance in the third degree. During the course of trial but prior to the commencement of deliberations, the jurors had been instructed to arrive in court at 11:00 a.m. At 12:30 p.m., court personnel informed the Trial Judge that one juror had not yet arrived. The court clerk indicated that he had made several telephone calls to the juror’s home, but there had been no answer. Defense counsel…