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PEOPLE v. GARAY

No. 25

25 N.Y.3d 62 (2015)

30 N.E.3d 145

7 N.Y.S.3d 254

2015 NY Slip Op 02672

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BENNY GARAY, Appellant.

Court of Appeals of New York.

Decided March 31, 2015.

Attorney(s) appearing for the Case

Paul, Weiss, Rifkind, Wharton & Garrison LLP, New York City ( Adam J. Bernstein and James H. Borod of counsel), and Steven Banks , The Legal Aid Society, New York City ( Andrew C. Fine and Scott A. Rosenberg of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Patricia Curran and Hilary Hassler of counsel), for respondent.

Judges READ, PIGOTT and RIVERA concur; Chief Judge LIPPMAN dissents in an opinion in which Judges STEIN and FAHEY concur.

OPINION OF THE COURT

On this appeal, defendant asserts three main arguments: (1) that his right to counsel under the New York Constitution (art I, § 6) was violated in connection with the trial court's replacement of a sick juror with an alternate juror; (2) that the...

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