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STATE v. BANKS

928 A.2d 842 (2007)

395 N.J. Super. 205

STATE of New Jersey, Plaintiff-Respondent, v. Alex BANKS, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided July 26, 2007.

Attorney(s) appearing for the Case

Jay L. Wilensky, Assistant Deputy Public Defender, argued the cause for appellant (Yvonne Smith Segars, Public Defender, attorney; Mr. Wilensky, of counsel and on the brief).

James F. Smith, Assistant County Prosecutor, argued the cause for respondent (Jeffrey S. Blitz, Atlantic County Prosecutor, attorney; Mr. Smith, of counsel and on the brief).

Before Judges SKILLMAN, LISA and GRALL.

The opinion of the court was delivered by

GRALL, J.A.D.

Defendant Alex Banks appeals from a final judgment of conviction and sentence. The verdict was returned by a jury that was reconstituted after the original panel advised the court that it could not reach a unanimous verdict. Replacement of a problem juror with an alternate over defendant's objection and request for a mistrial "was not a permissible option because the jury's deliberations had proceeded...

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