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People v. Perez

237 A.D.2d 466 Court N.Y. App. Div. Decision date 1997-03-17 English

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p. 466
The People of the State of New York, Respondent, v Luis Perez, Appellant.
[655 NYS2d 968]

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

p. 467
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.

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