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PEOPLE v. PEREZ

176 A.D.2d 592 (1991)

The People of the State of New York, Respondent, v. Manuel Perez, Appellant

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

October 22, 1991

On the fourth day of trial, the trial court discharged a juror, over defendant's objection, because she refused to appear for duty on Ash Wednesday, even though she expressed an interest in remaining as a juror, and agreed to resume her service on Thursday. An alternate juror was thereupon substituted, and the defendant was convicted as indicated above.

The brief period of unavailability resulting from the juror's religious...

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