PEOPLE v. BATTLE


167 A.D.2d 190 (1990)

The People of the State of New York, Respondent, v. Frederick Battle, Appellant

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

November 13, 1990


Defendant was indicted for the alleged beating of two individuals on two separate dates. He was eventually tried before a jury in connection with these charges and was convicted of assault in the first degree in connection with one of the attacks. On appeal, the only issue concerns the propriety of the court's discharge of a juror and her replacement by an alternate during the course of the trial. In that regard, on Thursday, June 9, 1988, at the conclusion of the second...

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