Ordered that the judgment is reversed, on the law, and a new trial is ordered. No questions of fact were raised or considered.
On the third day of a four-day trial, after the People had rested, the clerk reported to the court that juror number 8 had called and said that she would not come in that day because she was taking her mother to the hospital. Defense counsel objected to the replacement of the juror. The prosecutor opposed any delay since the defense witness...
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