People v. Buford

Bracken, J. P.,

dissents and votes to reverse the judgment and to order a new trial, in a memorandum, with which Eiber, J., concurs. In my view, the discharge of a sitting juror over the defendant’s objection constituted an abrogation of his constitutional right to a jury trial. Accordingly, I would reverse the judgment of conviction and order a new trial.

During the defendant’s trial, the foreperson of the jury reported that she had seen two prosecution witnesses, one of whom was the defendant’s accomplice, leave the courthouse and drive off together in an automobile. The trial court conducted…