PEOPLE v. SUMPTER


186 A.D.2d 482 (1992)

The People of the State of New York, Respondent, v. Michael Sumpter, Appellant

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

October 27, 1992


The sole issue on appeal is the propriety of the trial court's determination to substitute a sworn juror by the first alternate, following the sworn juror's failure to appear in court for continued service.

We find that in the circumstances herein, the trial court appropriately exercised its discretion in dismissing the sworn juror on grounds of unavailability, over objection of counsel, after setting forth particularized findings of fact on the record. As stated...

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