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THE PEOPLE, ETC., RESPONDENT, v. JOSE ORTIZ, APPELLANT.

ORDERED that the judgment is affirmed.

The trial court's discharge of a missing juror was supported both procedurally and substantively by CPL 270.35(2). The trial court waited for more than two hours and engaged in a reasonably thorough inquiry as to the juror's whereabouts before applying the statutory presumption of unavailability (see, People v. Jeanty, 94 N.Y.2d 507).

The defendant's remaining contention is unpreserved for appellate review and, in any event, is without merit.

GOLDSTEIN, J.P., McGINITY, H. MILLER and TOWNES, JJ., concur.

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PEOPLE v. ORTIZ
(Sep 24, 2001)