The People of the State of New York v. Winston Gajadhar

Summary

The New York Court of Appeals held that a criminal defendant may waive the constitutional right to a twelve‑person jury and consent to deliberations by an eleven‑member jury when a juror becomes unavailable, provided the waiver is made in writing in open court and approved by the trial judge. The Court affirmed the Appellate Division's judgment because the defendant's written waiver satisfied the statutory and constitutional requirements, making the trial court's order to continue with eleven jurors valid.