People v. Gajadahar

OPINION OF THE COURT

Michael J. Obús, J.

The issue here is whether an indicted defendant may waive his right to a trial by jury to the extent of consenting to deliberations by fewer than 12 persons. Under the circumstances at bar, where during the course of a murder trial a deliberating juror became ill and had to be hospitalized for an extended period of time, the court determined that such a *143waiver was permissible. This opinion is to elaborate on that decision.

I

Shortly after a shooting incident on the east side of Manhattan on January 19, 1994 left one person dead and two others seriously…