Opinion
January 25, 2000
Judgment, Supreme Court, New York County (Howard Bell, J.), rendered December 23, 1996, convicting defendant, after a jury trial, of criminal contempt in the first degree, and sentencing him to a term of 1+ to 4 years, unanimously reversed, on the law, and the matter remanded for a new trial.
Annica H. Jin, for respondent.
Jojo Annobil, for defendant-appellant.
SULLIVAN, J.P., TOM, MAZZARELLI, WALLACH, RUBIN, JJ.
As the People correctly concede, a new trial is required because a deliberating juror was replaced with an alternate without defendant's written consent, in violation of CPL 270.35(1).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.