Appellate Division of the Supreme Court of New York, 2000

People v. Yang Quan Zhang

People v. Yang Quan Zhang
Appellate Division of the Supreme Court of New York · Decided January 25, 2000
268 A.D.2d 373; 700 N.Y.S.2d 832; 2000 N.Y. App. Div. LEXIS 710
People v. Yang Quan Zhang

Opinion of the Court

—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 lVs to 4 years, unanimously reversed, on the law, and the matter remanded for a new trial.

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). Concur—Sullivan, J. P., Tom, Mazzarelli, Wallach and Rubin, JJ.

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