People v. Rodriguez

232 A.D.2d 210, 647 N.Y.S.2d 946, 1996 N.Y. App. Div. LEXIS 9946

Opinion

—Judgment, Supreme Court, Bronx County (Frank Diaz, J.), rendered August 10, 1993, convicting defendant, after a jury trial, of murder in the second degree, and sentencing him to a term of 15 years to life, unanimously reversed, on the law, and the matter remanded for a new trial.

As the People concede, reversal is required because the court did not obtain defendant’s written consent before replacing a deliberating juror (People v Page, 88 NY2d 1). Since we reject defendant’s contention that there was insufficient evidence to establish his guilt beyond a reasonable doubt, we remand the matter for a new trial. Concur—Rosenberger, J. P., Ellerin, Williams, Mazzarelli and Andrias, JJ.