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STATE v. VALENZUELA

136 N.J. 458 (1994)

643 A.2d 582

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

The Supreme Court of New Jersey.

Decided July 13, 1994.

Attorney(s) appearing for the Case

Carol M. Henderson, Deputy Attorney General, argued the cause for appellant (Robert J. Del Tufo, Attorney General of New Jersey, attorney).

Cynthia N. McKee, Designated Counsel, argued the cause for respondent (Zulima V. Farber, Public Defender, attorney).

The opinion of the Court was delivered by STEIN, J.

In this appeal we consider whether the trial court properly exercised its discretion pursuant to Rule 1:8-2(d) in discharging a juror and substituting an alternate juror after the jury had begun deliberations. The reconstituted jury convicted defendant of second-degree sexual assault and acquitted him of fourth-degree theft. The Appellate Division reversed the conviction, citing as errors the dismissal of...

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