New York Court of Appeals
The People of the State of New York, Respondent v. Kenneth Page, Appellant
April 2, 199688 N.Y.2d 1
Summary
The Court held that CPL 270.35 requires a defendant’s written, signed consent for the substitution of an alternate juror after deliberations have begun; oral consent is insufficient, so the conviction was reversed and a new trial ordered. Justice Smith dissented, arguing that the oral waiver was adequate and reversal was not required.