People v. Ryan

The defendants in this case stand convicted of the crimes of robbery in the first degree and assault in the second degree. They challenge the validity of these convictions on the ground that an alternate juror was substituted for a regular juror some five hours after the jury had begun deliberating on the case and that this violated their constitutional right to a trial by jury. The substitution was made after one of the regular jurors had been taken ill, and with the consent of the defendants’ counsel. The defendants themselves, however, were not present at the time nor were they consulted.

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