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PEOPLE v. THOMPSON

90 N.Y.2d 615 (1997)

687 N.E.2d 1304

665 N.Y.S.2d 21

The People of the State of New York, Respondent, v. Rodney Thompson, Appellant.

Court of Appeals of the State of New York.

Decided October 23, 1997.

Attorney(s) appearing for the Case

Andrew M. Friedman, Richmond Hill, for appellant.

Richard A. Brown, District Attorney of Queens County, Kew Gardens (Johnnette Traill and John M. Castellano of counsel), for respondent.

Chief Judge KAYE and Judges TITONE, BELLACOSA, LEVINE, CIPARICK and WESLEY concur.

SMITH, J.

At issue in this case is whether substitution of the presiding Judge during a jury trial violated the defendant's right to due process under the New York State Constitution. Here, the Trial Judge's serious illness rendered him unable to continue with the trial and he was replaced by a Judge who diligently familiarized himself with the record of the proceedings...

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