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PEOPLE v. JEANTY

94 N.Y.2d 507 (2000)

727 N.E.2d 1237

706 N.Y.S.2d 683

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALEX JEANTY, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIAM JONES, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHRISTOPHER ARTIS, Appellant.

Court of Appeals of the State of New York.

Decided April 4, 2000.

Attorney(s) appearing for the Case

David P. Greenberg, New York City, Lynn W. L. Fahey and Yvonne Powe for appellant in the first above-entitled action.

Richard A. Brown, District Attorney of Queens County, Kew Gardens (Joyce Smith and John M. Castellano of counsel), for respondent in the first above-entitled action.

Ellen Dille, New York City, and M. Sue Wycoff for appellant in the second above-entitled action.

Charles J. Hynes, District Attorney of Kings County, Brooklyn (Lori Glachman and Roseann B. MacKechnie of counsel), for respondent in the second above-entitled action.

Legal Aid Society, New York City (Lawrence T. Hausman of counsel), for appellant in the third above-entitled action.

Robert M. Morgenthau, District Attorney of New York County, New York City (Tami Aisenson and Brian O'Donoghue of counsel), for respondent in the third above-entitled action.

Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE, WESLEY and ROSENBLATT concur.

OPINION OF THE COURT

CIPARICK, J.

These three appeals require us to consider the 1996 amendments to CPL 270.35 and to determine whether Supreme Court in each case properly applied the revised statute to discharge and replace sworn jurors with alternates. We conclude that the Legislature intended to create a bright-line rule in amending the statute. As CPL 270.35 (2) now permits, once the court has conducted a reasonably thorough inquiry into an absent juror...

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