Legal Opinion
People v. McDonald
Appellate Division of the Supreme Court of the State of New York
Decided October 31, 1988PublishedCited by 22 opinions
1Opinion of the Court
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Kellam, J.), rendered March 23, 1987, convicting him of burglary in the second degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant contends that his constitutional and statutory right to a trial by a jury was violated when the trial court, over the defense counsel’s objection, replaced a sworn juror with an alternate juror after the People had rested and *1051after the court had conducted a midtrial Huntley hearing. The replacement was effected after the clerk had…
2Cases cited5 opinions
- People v. PageNew York Court of Appeals · 1988
- People v. HewlettAppellate Division of the Supreme Court of the State of New York · 1987
- People v. BurnsAppellate Division of the Supreme Court of the State of New York · 1986
- People v. PierceAppellate Division of the Supreme Court of the State of New York · 1983
- People v. WashingtonAppellate Division of the Supreme Court of the State of New York · 1987
3Cited by22 opinions
- People v. JamisonAppellate Division of the Supreme Court of the State of New York · 1994
- People v. RobustelliAppellate Division of the Supreme Court of the State of New York · 1993
- People v. SettlesAppellate Division of the Supreme Court of the State of New York · 2006
- People v. HillAppellate Division of the Supreme Court of the State of New York · 1992
- People v. HillAppellate Division of the Supreme Court of the State of New York · 1990
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