People v. Lester

— Judgment unanimously reversed on the law and new trial granted, in accordance with the following memorandum: The Constitution and applicable statutes unequivocally command that "crimes prosecuted by indictment shall be tried by a jury composed of twelve persons” (NY Const, art VI, § 18 [a]; CPL 260.10, 270.05 [1]; see also, People v Warren, 145 AD2d 966; People v Dean, 80 AD2d 695, 696). An indicted defendant cannot consent to a trial by fewer than 12 jurors (Cancemi v People, 18 NY 128; see also, People v Ahmed, 66 NY2d 307, 310-311, rearg denied 67 NY2d 647; People v Mitchell, 266 NY 15,…