PEOPLE v. RODRIGUEZ


166 A.D.2d 618 (1990)

The People of the State of New York, Respondent, v. Jose Rodriguez, Appellant

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

October 15, 1990


Ordered that the judgment is reversed, on the law, and a new trial is ordered. No questions of fact have been raised or considered.

In the midst of the trial, one of the jurors failed to appear at the scheduled time for the commencement of the morning session. Despite defense counsel's strenuous objections, the Judge substituted an alternate juror without first conducting an inquiry in an effort to determine the whereabouts of the missing juror and whether she would...

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