Opinion
September 18, 1990
Appeal from the Supreme Court, New York County (Hornblass, J.).
Defendant and codefendant Charles Jackson were jointly tried for a robbery which occurred on August 13, 1988. Immediately after charging the jury, the court dismissed juror number 11, who had a business commitment that evening. On the appeal of codefendant Jackson, we reversed and remanded for a new trial. As the People concede, "under the circumstances, in light of the importance of appellant's constitutional right to trial by a jury in whose selection he has participated * * * the trial court erred in discharging juror number 11" (People v. Jackson, 158 A.D.2d 397). For the reasons set forth in our decision in Jackson (supra), we reverse and the case is remanded for a new trial.
Concur — Kupferman, J.P., Sullivan, Milonas, Ellerin and Smith, JJ.