People v. Cleckley

Appellate Division of the Supreme Court of New York

People v. Cleckley

288 A.D.2d 63, 732 N.Y.S.2d 339, 2001 N.Y. App. Div. LEXIS 10817

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 13, 2001

StatusPublished

This text of 288 A.D.2d 63 (People v. Cleckley) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Cleckley, 288 A.D.2d 63, 732 N.Y.S.2d 339, 2001 N.Y. App. Div. LEXIS 10817 (N.Y. Ct. App. 2001).

Pincite

Opinion

—Judgment, Supreme Court, Bronx County (Patricia Williams, J.), rendered April 5, 1999, convicting defendant, after a jury trial, of assault in the first and second degrees, criminal possession of a weapon in the second and third degrees and reckless endangerment in the first degree, and sentencing him to an aggregate term of 15 years, unanimously reversed, on the law, and the matter remanded for a new trial.

As correctly conceded by the People, the judgment of conviction must be reversed and a new trial ordered since the court did not obtain defendant’s written consent before replacing a deliberating juror {see, CPL 270.35). Concur — Andrias, J. P., Wallach, Lerner, Saxe and Friedman, JJ.

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—Judgment, Supreme Court, Bronx County (Patricia Williams, J.), rendered April 5, 1999, convicting defendant, after a jury trial, of assault in the first and second degrees, criminal possession of a weapon in the second and third degrees and reckless endangerment in the first degree, and sentencing him to an aggregate term of 15 years, unanimously reversed, on the law, and the matter remanded for a new trial.

As correctly conceded by the People, the judgment of conviction must be reversed and a new trial ordered since the court did not obtain defendant’s written consent before replacing a deliberating juror {see, CPL 270.35). Concur — Andrias, J. P., Wallach, Lerner, Saxe and Friedman, JJ.

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Bluebook (online)

288 A.D.2d 63, 732 N.Y.S.2d 339, 2001 N.Y. App. Div. LEXIS 10817, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-cleckley-nyappdiv-2001.