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 New York Court of Appeals held that CPL 270.35's requirement that a defendant provide written, signed consent in open court for the substitution of an alternate juror after deliberations began is mandatory; oral consent is insufficient. Because the trial court failed to obtain such written consent, the substitution violated the constitutional right to a jury of twelve and the convictions were reversed and a new trial ordered. Justice Smith dissented, contending that the extensive oral colloquy satisfied the waiver and that reversal was not required.