PEOPLE v. SARGEANT


239 A.D.2d 444 (1997)

657 N.Y.S.2d 753

The People of the State of New York, Respondent, v. David Sargeant, Appellant

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

May 12, 1997


Ordered that the application is granted, and the decision and order of this Court, dated June 24, 1991 is vacated; and it is further,

Ordered that the judgment is reversed, on the law, and a new trial is ordered.

The appellant correctly contends that the trial court committed reversible error in discharging a sworn juror during trial approximately one hour after that juror failed to appear. The court made no attempt to ascertain the location of the juror and...

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