Legal Opinion

People v. Thompson

New York Supreme Court

Decided July 1, 1993PublishedCited by 9 opinions

1Opinion of the Court

OPINION OF THE COURT

Steven W. Fisher, J.

The principal issue presented on this motion to set aside a verdict is whether a Judge who becomes incapacitated after evidence has begun at a jury trial may be replaced by another Judge to complete the trial without the defendant’s consent. The precise issue appears to be one of first impression in New York, and is presented unadorned by collateral considerations as the defendant, who strongly objected to the substitution, makes no claim that he was prejudiced by it.

The facts are undisputed.

By Queens County indictment No. 2416/92, filed on June 12,…

2Cases cited44 opinions

  1. People v. BleakleyNew York Court of Appeals · 1987
  2. Tumey v. OhioSupreme Court of the United States · 1927
  3. In Re Murchison.Supreme Court of the United States · 1955
  4. Patton v. United StatesSupreme Court of the United States · 1930
  5. People v. MorenoNew York Court of Appeals · 1987

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3Cited by9 opinions

  1. Commonwealth v. CarterMassachusetts Supreme Judicial Court · 1996
  2. In Re the Marriage of SeylerSupreme Court of Iowa · 1997
  3. People v. ThompsonNew York Court of Appeals · 1997
  4. People v. ThompsonAppellate Division of the Supreme Court of the State of New York · 1996
  5. State v. BoydCourt of Appeals of Kansas · 2000

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