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PEOPLE v. DiBLASIO

150 A.D.2d 792 (1989)

The People of the State of New York, Respondent, v. Michael DiBlasio and John Alvino, Appellants

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

May 30, 1989

Ordered that the judgments are reversed, on the law, and a new trial is ordered. The facts have been considered and determined to have been established.

We agree with the defendants that the Trial Judge did not satisfy the requirements of People v Page (72 N.Y.2d 69) when he replaced a tardy juror with the first alternate without first conducting an inquiry (see, CPL 270.35). Under the circumstances of this case, defense...

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