PEOPLE v. LOWE


214 A.D.2d 1 (1995)

631 N.Y.S.2d 298

The People of the State of New York, Respondent, v. Donald Lowe, Appellant

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

August 31, 1995


Attorney(s) appearing for the Case

Elizabeth B. Emmons of counsel (Philip L. Weinstein, attorney), for appellant.

Lisa Ellen Mudd of counsel (Billie Manning on the brief; Robert T. Johnson, District Attorney of Bronx County, attorney), for respondent.

MURPHY, P. J., ROSENBERGER and NARDELLI, JJ., concur with SULLIVAN, J.; TOM, J., dissents in a separate opinion.


SULLIVAN, J.

While we are in agreement with the dissent that, in accordance with People v Page (72 N.Y.2d 69), the trial court's premature discharge of a sitting juror warrants reversal and a new trial on the charge of criminal possession of a weapon in the third degree, we find, on our review of the record and on the authority of People v Montanez (

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