People v. Gajadhar
New York Court of Appeals
1Opinion of the Court
OPINION OF THE COURT
Graffeo, J.
After jury deliberations commenced in this case, one of the jurors became ill and was hospitalized. Opposing a mistrial, de*440fendant asked that the deliberations continue with the remaining 11 jurors. The court granted defendant’s request and defendant executed a written waiver of his right to a jury of 12 citizens in open court. We must decide whether article I, section 2 of the state constitution permits a defendant to consent to a deliberating jury of less than 12 individuals. We hold that the waiver in these circumstances was valid.
I
Defendant Winston Gajadhar…
2Cases cited14 opinions
- Williams v. FloridaSupreme Court of the United States · 1970
- People v. HansenNew York Court of Appeals · 2000
- Cancemi v. . the PeopleNew York Court of Appeals · 1858
- People v. VelasquezNew York Court of Appeals · 2003
- People v. GillianNew York Court of Appeals · 2006
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