PEOPLE v. ARTIST

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 N.Y.2d 838, 839-840; People v Thompson, 90 N.Y.2d 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 N.Y.2d 879, 880).

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Order affirmed, in a memorandum.