New York’s Court of Appeals on Tuesday abandoned one of its oldest precedents by deciding that a jury with fewer than 12 members can return a valid verdict in a criminal trial in New York state.

The 5-2 ruling upheld Winston Gajadhar’s conviction for murder and attempted robbery by an 11-member Manhattan Supreme Court jury. Gajadhar requested that the 11 jurors decide his case after a 12th juror was hospitalized three days into deliberations, but he subsequently appealed his conviction as unconstitutional.