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PEOPLE v. McDONALD

143 A.D.2d 1050 (1988)

The People of the State of New York, Respondent, v. Johnny McDonald, Appellant

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

October 31, 1988

Ordered that the judgment is affirmed.

The defendant contends that his constitutional and statutory right to a trial by a jury was violated when the trial court, over the defense counsel's objection, replaced a sworn juror with an alternate juror after the People had rested and after the court had conducted a midtrial Huntley hearing. The replacement was effected after the clerk had informed the court that at approximately...

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