Appellate Division of the Supreme Court of New York, 1997

People v. Perez

Appellate Division of the Supreme Court of New York · Decided March 17, 1997

237 A.D.2d 466; 655 N.Y.S.2d 968; 1997 N.Y. App. Div. LEXIS 2560

Cases that cite this one

2 later published cases cite this decision.

People v. Whitley (Appellate Division of the Supreme Court of New York 2005)
People v. Williams (Appellate Division of the Supreme Court of New York 2002)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Appeal by the defendant from a judgment of the Supreme Court, Kings County (DeLury, J.), rendered November 18, 1993, convicting him of murder in the second degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is reversed, on the law, and a new trial is ordered.

As the People correctly concede, reversal is required because *467the court did not obtain the defendant’s written consent before replacing a deliberating juror (see, People v Page, 88 NY2d 1).

In light of our determination, we need not reach the defendant’s remaining contentions. Rosenblatt, J. P., Miller, Ritter and Copertino, JJ., concur.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.