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PEOPLE v. WHITAKER

92 A.D.2d 905 (1983)

The People of the State of New York, Respondent, v. John Whitaker, Appellant

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

March 14, 1983

Judgment affirmed.

The instant appeal involves the discharge and replacement of a juror by the trial court, and brings up the question of which section of the CPL is applicable under the facts at bar. At the commencement of the second day of jury selection, roll call was taken of the nine jurors who had been sworn on the previous day. The clerk noted that juror No. three did not answer. Jury selection proceeded and three...

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