As the People correctly concede, however, a new trial is required because the Supreme Court did not obtain the defendant's written and signed consent to replace a regular juror with an alternate juror after the jury began its deliberations ( see CPL 270.35; People v. Page, 88 NY2d 1, 3; People v. Williams, 291 AD2d 466; People v. Perez, 237 AD2d 466, 467). We note that oral consent will not suffice; the consent must be in writing, in open court, and made by the defendant personally in the presence of the court ( see CPL 270.35, supra).
However, as correctly conceded by the People, a new trial is required because the Supreme Court did not obtain the defendant's written and signed consent to replace a regular juror with an alternate juror after the jury began its deliberations (see, CPL 270.35; People v. Page, 88 N.Y.2d 1, 3; People v. Perez, 237 A.D.2d 466, 467). FLORIO, J.P., FEUERSTEIN, O'BRIEN and ADAMS, JJ., concur.