Defendant was convicted on November 1, 1980, by a jury for criminal possession of marihuana in the first degree. He now moves pursuant to CPL 330.30, 330.40, and 330.50 to set aside the verdict upon the ground that a deliberating juror had been replaced by an alternate juror in the midst of the jury's deliberations, when such replacement was not in conformity with CPL 270.35. Defendant contends that he did not give his consent in open...
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