PEOPLE v. RYAN


19 N.Y.2d 100 (1966)

The People of the State of New York, Respondent, v. Richard Ryan and Roland Ravich, Also Known as Ray Ravich, Appellants.

Court of Appeals of the State of New York.

Decided December 30, 1966.


Attorney(s) appearing for the Case

Stephen B. Clarkson and Anthony F. Marra for appellants.

Frank S. Hogan, District Attorney (John A. K. Bradley and H. Richard Uviller of counsel), for respondent.

Chief Judge DESMOND and Judges FULD, VAN VOORHIS and BURKE concur with Judge KEATING; Judge SCILEPPI dissents and votes to affirm in an opinion in which Judge BERGAN concurs.


KEATING, J.

The defendants in this case stand convicted of the crimes of robbery in the first degree and assault in the second degree. They challenge the validity of these convictions on the ground that an alternate juror was substituted for a regular juror some five hours after the jury had begun deliberating on the case and that this violated their constitutional right to a trial by jury. The substitution was...

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