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PEOPLE v. CANALES

2011-09082

121 A.D.3d 14 (2014)

988 N.Y.S.2d 212

2014 NY Slip Op 4508

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. OLMAN CANALES, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided June 18, 2014.

Attorney(s) appearing for the Case

Neal D. Futerfas , White Plains, for appellant.

Kathleen M. Rice , District Attorney, Mineola ( Judith R. Sternberg and Donald Berk of counsel), for respondent.

RIVERA, J.P., DILLON and HINDS-RADIX, JJ., concur.

OPINION OF THE COURT

CHAMBERS, J.

We hold in this case that the defendant's consent to allow the trial court to substitute an alternate juror for a deliberating juror who was ill was not knowingly, intelligently, and voluntarily given. The trial court, which did not want to delay the proceedings any further, made the substitution upon the consent of counsel, before receiving the defendant's consent, because there was a delay in bringing the defendant to...

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