A Brooklyn appellate court ordered a new trial in a case where a deadlocked jury quickly reached a guilty verdict after the judge replaced a sick juror before getting written permission from the defendant.
“The trial court … deprived the defendant of the opportunity, in consultation with counsel, to make an informed strategic decision as to whether to consent to the substitution or accept a mistrial,” Justice Cheryl Chambers (See Profile) of the Appellate Division, Second Department, wrote in People v. Canales, 2011-09082, ordering a new trial for Olman Canales, who had been convicted on first-degree sexual abuse and other counts.
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