People v. Tisdale
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment unanimously affirmed. Memorandum: Supreme Court properly replaced two sworn jurors with alternate jurors (see, CPL 270.35 [1]). During the middle of the trial, one of the jurors at issue sent a message that she had to stay home with her ill seven-month-old infant and did not know whether she would be able to return to court the next day. Under those circumstances, the court was within its discretion in concluding that the juror was unavailable for continued service (see, CPL 270.35 [1]; People v Sheldon, 262 AD2d 1060, Iv denied 93 NY2d 1045; People v McDonald, 143 AD2d 1050,1051,…
2Cases cited7 opinions
- People v. BufordNew York Court of Appeals · 1987
- Tajan v. Pavia & HarcourtAppellate Division of the Supreme Court of the State of New York · 1999
- People v. PageAppellate Division of the Supreme Court of the State of New York · 1996
- People v. McDonaldAppellate Division of the Supreme Court of the State of New York · 1988
- People v. GalvinAppellate Division of the Supreme Court of the State of New York · 1985
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3Cited by7 opinions
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- People v. BurseAppellate Division of the Supreme Court of the State of New York · 2002
- People v. BarkleyAppellate Division of the Supreme Court of the State of New York · 2009
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