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People v. Ortiz

Appellate Division of the Supreme Court of New York, First Department
May 9, 1995
215 A.D.2d 177 (N.Y. App. Div. 1995)

Opinion

May 9, 1995

Appeal from the Supreme Court, Bronx County (Joseph Fisch, J.).


As we held in the codefendant's appeal (People v Flore, 211 A.D.2d 557), the substitution of a deliberating juror with an alternate juror without defendant's consent violated CPL 270.35, and requires reversal and remand for a new trial. Defendant's remaining points are academic.

Concur — Sullivan, J.P., Rosenberger, Ross, Asch and Williams, JJ.


Summaries of

People v. Ortiz

Appellate Division of the Supreme Court of New York, First Department
May 9, 1995
215 A.D.2d 177 (N.Y. App. Div. 1995)
Case details for

People v. Ortiz

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PEDRO ORTIZ, Appellant

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: May 9, 1995

Citations

215 A.D.2d 177 (N.Y. App. Div. 1995)
626 N.Y.S.2d 441