PEOPLE v. SOSNICKI


30 A.D.2d 576 (1968)

The People of the State of New York, Respondent, v. Mario Sosnicki and Robert P. Bell, Appellants

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

May 27, 1968


Reversed, on the law, and a separate new trial as to each defendant ordered. The findings of fact below have not been considered.

Reversible error was committed when an alternate juror was substituted for a regular juror who had become ill about eight hours after the jury had begun deliberating on the charge against defendants. This procedure violated defendants' constitutional rights to a trial by jury (People v. Ryan, 19 N.Y.2d 100

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