People v. Cannady

OPINION OF THE COURT

Michael R. Juviler, J.

This opinion addresses the question whether, at a trial conducted in the absence of an absconded defendant, an alternate juror may replace a discharged juror after the jury has begun its deliberations, if defense counsel consents to the substitution.

Defendant James Cannady was charged with criminal possession of stolen property, unauthorized use of a vehicle, criminal mischief, reckless endangerment, and assault. On January 25, 1985, defendant was advised of his constitutional right to be present at trial and was told that the trial would proceed in…