People v. Perry

Judgment, Supreme Court, New York County (Ruth Pickholz, J.), rendered November 20, 2012, as amended December 13, 2012, convicting defendant, after a jury trial, of robbery in the first and second degrees and assault in the second degree, and sentencing him, as a second felony offender, to an aggregate term of eight years, unanimously affirmed.

Defendant argues that he was deprived of the right to trial by a jury in whose selection he had a say when the court excused a juror during deliberations without consulting with defense counsel in advance (see CPL 270.35 [2] [b]). On October 29, 2012,…