People v. Thompson

OPINION OF THE COURT

Smith, J.

At issue in this case is whether substitution of the presiding Judge during a jury trial violated the defendant’s right to due process under the New York State Constitution. Here, the Trial Judge’s serious illness rendered him unable to continue with the trial and he was replaced by a Judge who diligently familiarized himself with the record of the proceedings. Under the circumstances, we conclude that a mistrial was not required and the court could properly exercise its discretion to deny defendant’s motion. The order of the Appellate Division should be affirmed.

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