People v. Gajadhar
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Tom, J.P.
This appeal raises a novel issue of whether defendant, convicted of the crimes of felony murder and attempted robbery, *129waived his constitutional right to trial by a jury of 12 by executing a stipulation to be bound by a verdict rendered by only 11 jurors.
After the jury began deliberations, it was learned that a juror suffering from chronic pancreatitis would require a period of hospitalization of at least 10 days. At defendant’s insistence, in lieu of the declaration of a mistrial, he executed a signed waiver of his right to trial by jury pursuant to New York…
2Cases cited34 opinions
- People v. ContesNew York Court of Appeals · 1983
- Patterson v. New YorkSupreme Court of the United States · 1977
- People v. SeabergNew York Court of Appeals · 1989
- People v. RiveraNew York Court of Appeals · 1988
- Williams v. FloridaSupreme Court of the United States · 1970
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3Cited by10 opinions
- People v. ThompsonAppellate Division of the Supreme Court of the State of New York · 2009
- People v. HeathAppellate Division of the Supreme Court of the State of New York · 2008
- Capellan v. StoneAppellate Division of the Supreme Court of the State of New York · 2008
- People v. KadarkoAppellate Division of the Supreme Court of the State of New York · 2008
- Marte v. BerkmanAppellate Division of the Supreme Court of the State of New York · 2010
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