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15 Jul 2007, 2:38 am
On Thursday, in People v Garbutt, 2007 NY Slip Op 05972 the Third Department held that it is an error of constitutional (see NY Const, art I, § 2) and statutory (see CPL 270.35 [1]) dimension to substitute an alternate juror for a regular juror after deliberations have commenced, without first obtaining a defendant's written consent. [read post]
