People v. Johnson
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Lawton, J.
Defendant contends that Supreme Court erred in discharging a sworn juror pursuant to CPL 270.15 (3) in the absence of defendant and defense counsel. The facts are undisputed. Before jury selection on the second morning, a sworn juror requested that she be discharged because one of her children had an emergency psychiatric problem. Supreme Court, without first consulting defendant or defense counsel, discharged the juror pursuant to CPL 270.15 (3). When notified of the juror’s discharge, defense counsel objected and requested a mistrial on the grounds that it was…
2Cases cited22 opinions
- Glasser v. United StatesSupreme Court of the United States · 1942
- People v. CrimminsNew York Court of Appeals · 1975
- Snyder v. MassachusettsSupreme Court of the United States · 1934
- People v. RosarioNew York Court of Appeals · 1961
- People v. BufordNew York Court of Appeals · 1987
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3Cited by12 opinions
- People v. FultonAppellate Division of the Supreme Court of the State of New York · 1999
- People v. StokesAppellate Division of the Supreme Court of the State of New York · 1993
- People v. WilsonAppellate Division of the Supreme Court of the State of New York · 1995
- People v. FultonAppellate Division of the Supreme Court of the State of New York · 1999
- People v. WalkerAppellate Division of the Supreme Court of the State of New York · 2012
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