People v. Perez

237 A.D.2d 466, 655 N.Y.S.2d 968, 1997 N.Y. App. Div. LEXIS 2560

Opinion

Appeal by the defendant from a judgment of the Supreme Court, Kings County (DeLury, J.), rendered November 18, 1993, convicting him of murder in the second degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is reversed, on the law, and a new trial is ordered.

As the People correctly concede, reversal is required because the court did not obtain the defendant’s written consent before replacing a deliberating juror (see, People v Page, 88 NY2d 1).

In light of our determination, we need not reach the defendant’s remaining contentions. Rosenblatt, J. P., Miller, Ritter and Copertino, JJ., concur.