Legal Opinion

People v. McDermott

Appellate Division of the Supreme Court of the State of New York

Decided February 4, 1994PublishedCited by 1 opinion

1Opinion of the Court

Judgment *914unanimously affirmed. Memorandum: There is no merit to defendant’s contention that County Court abused its discretion by discharging a juror and replacing him with an alternate juror. The court was informed on Tuesday, January 19, 1993 that the mother-in-law of juror No. 3 had died and that he therefore would not be available until Friday of that week. The court contacted the absent juror and conducted a sufficient inquiry concerning the circumstance of the absence and his likely return date (cf., People v Washington, 75 NY2d 740, revg on dissenting mem of Carro, J., 151 AD2d 384,…

2Cases cited4 opinions

  1. People v. MahboubianNew York Court of Appeals · 1989
  2. People v. WashingtonNew York Court of Appeals · 1989
  3. People v. RobustelliAppellate Division of the Supreme Court of the State of New York · 1993
  4. People v. WashingtonAppellate Division of the Supreme Court of the State of New York · 1989

3Cited by1 opinion

  1. People v. BasharAppellate Division of the Supreme Court of the State of New York · 1994

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