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PEOPLE v. MEDINA

161 A.D.2d 380 (1990)

The People of the State of New York, Respondent, v. Carlos Medina, Appellant

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

May 15, 1990

Defendant contends, and the People concede, that reversal is mandated as a result of the trial court's discharge of a sworn juror without first having made any fact findings pursuant to CPL 270.35 to establish that the subject juror was unavailable for continued service under the criteria set forth in People v Page (72 N.Y.2d 69). In that regard, the court waited only the briefest of periods before releasing the juror, a half hour...

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