People v. Ortiz

215 A.D.2d 177, 626 N.Y.S.2d 441, 1995 N.Y. App. Div. LEXIS 4942

Opinion

Judgment, Supreme Court, Bronx County (Joseph Fisch, J.), rendered March 30, 1993, convicting defendant, after a jury trial of criminal sale of a controlled substance in the third degree, and sentencing him, as a persistent felony offender to a term of 15 years to life, unanimously reversed, on the law, and the matter remanded for a new trial.

As we held in the codefendant’s appeal (People v Flore, 211 AD2d 557), the substitution of a deliberating juror with an alternate juror without defendant’s consent violated CPL 270.35, and requires reversal and remand for a new trial. Defendant’s remaining points are academic. Concur—Sullivan, J. P., Rosenberger, Ross, Asch and Williams, JJ.