People v. Merritt
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Carroll, J.), rendered November 8, 2000, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
Contrary to the defendant’s contentions, the Supreme Court providently exercised its discretion in replacing a sworn juror after making a “reasonably thorough inquiry” (CPL 270.35 [2] [a]) into the juror’s unavailability, affording the parties the opportunity to be heard and placing the facts and reasons for its determination on the record (see CPL…
2Cases cited3 opinions
- People v. JeantyNew York Court of Appeals · 2000
- People v. JamisonAppellate Division of the Supreme Court of the State of New York · 1994
- People v. MirandaAppellate Division of the Supreme Court of the State of New York · 1996
3Cited by5 opinions
- People v. SheltonAppellate Division of the Supreme Court of the State of New York · 2006
- People v. BastonAppellate Division of the Supreme Court of the State of New York · 2007
- People v. PlattAppellate Division of the Supreme Court of the State of New York · 2005
- People v. RobinsonAppellate Division of the Supreme Court of the State of New York · 2007
- People v. WheelerAppellate Division of the Supreme Court of the State of New York · 2003