PEOPLE v. SHEPARD


243 A.D.2d 290 (1997)

663 N.Y.S.2d 31

The People of the State of New York, Respondent, v. Terence Shepard, Also Known as Cornell Barber, Appellant

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

October 9, 1997


The trial court properly exercised its discretion in replacing an absent juror with the first alternate juror, on the ground that the absent juror was unavailable for continued jury service, after the court had ascertained that the absent juror's attendance at her father's out-of-State funeral would result in her absence from the State for a six-day period, during which it was then contemplated that the trial proceedings would be completed (People v Silva, ...

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