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PEOPLE v. GIBBS

267 A.D.2d 179 (1999)

701 N.Y.S.2d 27

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RONALD GIBBS, Appellant.

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

Decided December 28, 1999.

When a sworn juror was discharged, based upon a ground not known before the juror was sworn, and 12 jurors had been sworn but no alternates had yet been selected, the court properly resumed "regular" jury selection, in accordance with CPL 270.15 (4), in order to replace that discharged juror, rather than replacing the discharged juror by selecting an alternate for that purpose (see, People v Roberts, 236 A.D.2d 233, lv denied...

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