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PEOPLE v. GAJADHAR

9 N.Y.3d 438 (2007)

880 N.E.2d 863

850 N.Y.S.2d 377

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

Court of Appeals of the State of New York.

Decided December 18, 2007.

Attorney(s) appearing for the Case

Paul Wiener, New York City, and Steven Banks for appellant.

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

Judges READ, SMITH, PIGOTT and JONES concur with Judge GRAFFEO; Judge CIPARICK dissents and votes to reverse in a separate opinion in which Chief Judge KAYE concurs.

OPINION OF THE COURT

GRAFFEO, J.

After jury deliberations commenced in this case, one of the jurors became ill and was hospitalized. Opposing a mistrial, defendant asked that the deliberations continue with the remaining 11 jurors. The court granted defendant's request and defendant executed a written waiver of his right to a jury of 12 citizens in open court. We must decide whether article I, section 2 of the state...

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