PEOPLE v. MILLS


214 A.D.2d 423 (1995)

625 N.Y.S.2d 37

The People of the State of New York, Respondent, v. Jonathan Mills, Appellant

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

April 18, 1995


We find that the substitution was a proper exercise of discretion in view of the court clerk's report to the Trial Judge that the juror had called in sick with a back ailment and was not likely to return for three or four days (People v Harris, 204 A.D.2d 240, lv denied 84 N.Y.2d 826) and the fact that the trial had already been delayed on five previous occasions.

Defendant's claim that the court erred in submitting...

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