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  5. 69 N.Y.2d 290 (1987)
 

PEOPLE v. BUFORD

69 N.Y.2d 290 (1987)

The People of the State of New York, Respondent, v. Kermit Buford, Appellant. The People of the State of New York, Respondent, v. Jeffrey Smitherman, Appellant.

Court of Appeals of the State of New York.

Decided March 24, 1987.

Attorney(s) appearing for the Case

Roger D. Olson and Philip L. Weinstein for appellant in the first above-entitled action.

John J. Santucci, District Attorney (Emil Bricker of counsel), for respondent in the first above-entitled action.

Andrea Hirsch and Philip L. Weinstein for appellant in the second above-entitled action.

Mario Merola, District Attorney (Debra Ann Urbano and Billie Manning of counsel), for respondent in the second above-entitled action.

Chief Judge WACHTLER and Judges SIMONS, KAYE, TITONE and BELLACOSA concur; Judge ALEXANDER taking no part.

HANCOCK, JR., J.

In each of these appeals from criminal convictions defendant argues that he was deprived of his constitutional and statutory rights to a jury trial when the trial court applied an improper standard in excusing a sworn juror during the trial, over his objection. We hold that in each case there should be a reversal and a new trial.

People v Buford

During defendant Buford...

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