PEOPLE v. PAGE


88 N.Y.2d 1 (1996)

665 N.E.2d 1041

643 N.Y.S.2d 1

The People of the State of New York, Respondent, v. Kenneth Page, Appellant.

Court of Appeals of the State of New York.

Decided April 2, 1996.


Attorney(s) appearing for the Case

Milner & Daniel, New York City (Michael M. Milner of counsel), for appellant.

Robert M. Morgenthau, District Attorney of New York County, New York City (Susan Gliner and Robert M. Raciti of counsel), for respondent.

Judges SIMONS, TITONE, LEVINE and CIPARICK concur with Chief Judge KAYE; Judge SMITH dissents and votes to affirm in a separate opinion in which Judge BELLACOSA concurs.


Chief Judge KAYE.

Under CPL 270.35, once the jury has commenced deliberations an alternate juror may not be substituted for a regular juror unless the defendant consents to the replacement. The statute, moreover, specifies that such consent "must be in writing" and "signed by the defendant in person in open court in the presence of the court." This case presents the question whether the defendant's oral consent...

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