People v. Ortiz

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Curci, J.), rendered September 12, 1995, convicting him of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The Supreme Court did not err when, prior to the commencement of deliberations, it replaced juror number three with an alternate upon the express, open, in-court consent of both the defendant and his counsel (see, People v Joy, 206 AD2d 440; People v…