Opinion
1523
June 24, 2003.
Judgment, Supreme Court, New York County (Budd Goodman, J.), rendered July 13, 2000, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree (three counts) and criminal possession of a controlled substance in the seventh degree, and sentencing him, as a second felony offender, to an aggregate term of 10 to 20 years, unanimously reversed, on the law, and the matter remanded for a new trial.
Patrick J. Hynes, for respondent.
William R. Montross, Jr., for defendant-appellant.
Before: Buckley, P.J., Tom, Sullivan, Marlow, JJ.
As the People concede, defendant is entitled to a new trial on the ground that there is no evidence that he consented in writing to the substitution of an alternate juror during deliberations (see CPL 270.35).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.