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MATTER OF GENTIL v. MARGULIS

No. 158

26 N.Y.3d 1027 (2015)

41 N.E.3d 1145

20 N.Y.S.3d 330

2015 NY Slip Op 08455

In the Matter of ESTEVAN GENTIL, Respondent, v. IRA MARGULIS, Justice of the Supreme Court of the State of New York, County of Queens, Respondent, and RICHARD A. BROWN, District Attorney, Queens County, Appellant.

Court of Appeals of New York.

Decided November 19, 2015.

Attorney(s) appearing for the Case

Richard A. Brown, District Attorney, Kew Gardens (Nancy Fitzpatrick Talcott, Robert J. Masters and John M. Castellano of counsel), appellant pro se.

Law Office of Garnett H. Sullivan, South Hempstead ( Garnett H. Sullivan of counsel), for Estevan Gentil, respondent.

Chief Judge LIPPMAN and Judges PIGOTT, RIVERA and ABDUS-SALAAM concur; Judge FAHEY concurs in result in an opinion in which Judge STEIN concurs.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, without costs, and the petition dismissed.

After one juror was found unable to serve, defendant refused to substitute an alternate juror and requested a partial verdict on the one count on which the jury had indicated it had reached a verdict. The Appellate Division granted the petition on the basis that there was...

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