PEOPLE v. McDUFFIE

2008-07814.

95 A.D.3d 1036 (2012)

943 N.Y.S.2d 594

2012 NY Slip Op 3665

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALBERT McDUFFIE, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided May 8, 2012.


Ordered that the judgment is reversed, as a matter of discretion in the interest of justice, and a new trial is ordered.

The defendant was charged with two counts of murder in the second degree and one count of criminal possession of a weapon in the second degree, and proceeded to a jury trial. After the first day of jury deliberations, juror No. 1, the foreperson, informed the court that she did not want to continue serving...

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