PEOPLE v. ROSA


122 Misc.2d 905 (1984)

The People of the State of New York, Plaintiff, v. Anthony Rosa and William Jimenez, Defendants.

Supreme Court, Bronx County.

January 17, 1984


Attorney(s) appearing for the Case

Mario Merola, District Attorney (Robert Moore of counsel), for plaintiff. S. Michael Weisberg for Anthony Rosa, defendant. Caesar Cirigliano and R. Peter Kircheimer for William Jimenez, defendant.


FRED W. EGGERT, J.

The following constitutes the decision and order of the court.

This case presents the following question: If the foreperson of a jury becomes incapacitated during trial and is replaced by an alternate juror, does this alternate juror then serve as foreperson? Surprisingly no reported case has considered this question.

In the case at bar, during the midst of trial the foreperson of the jury became incapacitated and was...

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