PEOPLE v. THOMAS


45 A.D.3d 483 (2007)

847 N.Y.S.2d 160

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHRISTOPHER THOMAS, Appellant.

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

Decided November 27, 2007.


The court properly substituted itself for another Justice who had presided earlier in the trial, after stating that it had familiarized itself with the case, and that the original Justice was incapacitated due to an injury and was unable to return to the bench for at least one week. Although defendant requested a mistrial, raising other arguments, he did not preserve his present arguments that there was insufficient evidence of the original Justice's incapacity, and that...

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