People v. Levy

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Miller, J.), rendered February 2, 1993, convicting him of vehicular assault in the second degree, leaving the scene of an incident without reporting, and reckless endangerment in the first degree, upon a jury verdict, and imposing sentence.

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

On the fourth day of trial, Juror Number 4 telephoned the court clerk and reported that he was ill. When asked how long he expected to be out sick, Juror Number 4 spoke to the court and revealed that he…