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STATE v. HORTON

A-26 September Term 2019 082698.

231 A.3d 708 (2020)

242 N.J. 428

STATE of New Jersey, Plaintiff-Respondent, v. Antwan J. HORTON, a/k/a Anatwan Hortan, Antione Jameson, Antione Jenkins, Antoine Smith, Antowne Horton, Antwan Jackson, Raseen Wallace, Rashad Smith, Rasheen Wallace, and Rayquan Smith, Defendant-Appellant.

Supreme Court of New Jersey.

Decided June 10, 2020.

Revised June 12, 2020.

Attorney(s) appearing for the Case

Whitney F. Flanagan , Assistant Deputy Public Defender, argued the cause for appellant ( Joseph E. Krakora , Public Defender, attorney; Whitney F. Flanagan , and David A. Gies , Designated Counsel, of counsel and on the briefs).

Michele C. Buckley , Special Deputy Attorney General/Acting Assistant Prosecutor, argued the cause for respondent ( Lyndsay V. Ruotolo , Acting Union County Prosecutor, attorney; Michele C. Buckley , of counsel and on the briefs).

This appeal comes before the Court to consider the actions of the trial court in excusing and replacing a juror who had a preplanned vacation and who had been part of deliberations. Just before the substitution, all the jurors, including the juror with the preplanned vacation, announced that they had reached a partial verdict. The judge did...

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