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PEOPLE v. GAJADHAR

38 A.D.3d 127 (2007)

828 N.Y.S.2d 346

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WINSTON GAJADHAR, Appellant.

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

January 23, 2007.

Attorney(s) appearing for the Case

Laura R. Johnson, The Legal Aid Society, New York City (Paul Wiener of counsel), for appellant.

Winston Gajadhar, appellant pro se.

Robert M. Morgenthau, District Attorney, New York City (Meredith Boylan and Hilary Hassler of counsel), for respondent.

FRIEDMAN, SULLIVAN, CATTERSON and MALONE, JJ., concur.

OPINION OF THE COURT

TOM, J.P.

This appeal raises a novel issue of whether defendant, convicted of the crimes of felony murder and attempted robbery, waived his constitutional right to trial by a jury of 12 by executing a stipulation to be bound by a verdict rendered by only 11 jurors.

After the jury began deliberations, it was learned that a juror suffering from chronic pancreatitis would require a period...

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