Opinion
December 29, 1992
Appeal from the Supreme Court, New York County (Clifford Scott, J.).
As conceded by the People, the trial court erred in failing to make reasonable efforts to ascertain and set forth on the record the circumstances of a juror's absence and prospects of availability, thus precluding a finding of a sufficient legal basis for invocation of the "unavailable for continued service" provision of CPL 270.35 (People v Page, 72 N.Y.2d 69, 73-74).
We have considered defendant's additional claims of error and find them to be without merit.
Concur — Sullivan, J.P., Wallach, Ross and Asch, JJ.