People v. Germain

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Wade, J.), rendered May 23,1995, convicting him of murder in the second degree, criminal possession of stolen property in the fourth degree, and criminal possession of a controlled substance in the seventh degree, upon a jury verdict, and imposing sentence.

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

We agree with the defendant that the trial court committed reversible error in discharging a sworn juror following the conclusion of all testimony. It is well settled that a defendant has…