People v. Page

OPINION OF THE COURT

Chief Judge Kaye.

Under CPL 270.35, once the jury has commenced deliberations an alternate juror may riot be substituted for a regular juror unless the defendant consents to the replacement. The statute, moreover, specifies that such consent "must be in writing” and "signed by the defendant in person in open court in the presence of the court.” This case presents the question whether the defendant’s oral consent to the substitution is valid where there is no indication that the defendant signed a writing in open court memorializing that consent.

We conclude that the…