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STATE v. VALENZUELA

262 N.J. Super. 392 (1993)

621 A.2d 63

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. RAFAEL VALENZUELA, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided February 25, 1993.

Attorney(s) appearing for the Case

Zulima V. Farber, Public Defender, attorney for appellant (Cynthia N. McKee, Designated Counsel, of counsel and on the brief).

Robert J. Del Tufo, Attorney General, attorney for respondent (Steven V. McGettigan, Deputy Attorney General, of counsel and on the letter brief).

Before Judges KING, BRODY and LANDAU.

The opinion of the court was delivered by BRODY, J.A.D.

Defendant was sentenced to prison for ten years after a jury found him guilty of second-degree sexual assault. The verdict was returned on the third day of trial. We reverse the conviction because the trial judge erroneously excused a juror during deliberations and then erroneously designated one of the alternates to replace the juror without having the clerk...

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