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CAPELLAN v. STONE

49 A.D.3d 121 (2008)

849 N.Y.S.2d 530

In the Matter of DANIEL CAPELLAN, Petitioner, v. LEWIS BART STONE et al., Respondents. In the Matter of JULIO SANTOS, Petitioner, v. LEWIS BART STONE et al., Respondents.

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

January 15, 2008.

Attorney(s) appearing for the Case

Mark Jankowitz, New York City, for Daniel Capellan, petitioner.

Steven Banks, The Legal Aid Society, New York City (Justine Luongo and Michelle Fox of counsel), for Julio Santos, petitioner.

Robert M. Morgenthau, District Attorney, New York City (Olivia Sohmer and Michael S. Morgan of counsel), respondent pro se.

LIPPMAN, P.J., MAZZARELLI, CATTERSON and KAVANAGH, JJ., concur.

OPINION OF THE COURT

MARLOW, J.

Petitioners Julio Santos and Daniel Capellan were each indicted on a single count of criminal sale of a controlled substance in the third degree. On or about February 1, 2007,1 a jury trial commenced in Supreme Court, New York County. During the trial, one juror was replaced by an alternate. On Tuesday, February 6, 2007, both sides rested, the court charged the jury, the remaining alternate was...

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