PEOPLE v. THOMPSON


158 Misc.2d 397 (1993)

601 N.Y.S.2d 418

The People of the State of New York, Plaintiff, v. Rodney Thompson, Defendant.

Supreme Court, Queens County.

July 1, 1993


Attorney(s) appearing for the Case

Alan E. Kudisch, Kew Gardens, for defendant. Richard A. Brown, District Attorney of Queens County, Kew Gardens (Barbara D. Underwood, Elizabeth M. Fox and Karen B. Migdal of counsel), for plaintiff.


STEVEN W. FISHER, J.

The principal issue presented on this motion to set aside a verdict is whether a Judge who becomes incapacitated after evidence has begun at a jury trial may be replaced by another Judge to complete the trial without the defendant's consent. The precise issue appears to be one of first impression in New York, and is presented unadorned by collateral considerations as the defendant, who...

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