People v. Thompson

OPINION OF THE COURT

Hart, J.

The issue on this appeal is whether a Judge, having become physically disabled after the commencement of the presentation of evidence at a criminal trial, may be replaced by another Judge of coordinate jurisdiction. The defendant contends that such a replacement constitutes a denial of due process. We hold that, in the absence of demonstrable prejudice, the substitution of an incapacitated Trial Judge in a criminal jury trial, even after the presentation of evidence has begun, by a Judge who has reviewed and become thoroughly familiar with the trial record and who…