PEOPLE v. LANG

No. 27.

35 N.Y.3d 222 (2020)

150 N.E.3d 24

126 N.Y.S.3d 446

2020 NY Slip Op 03487

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID R. LANG, Appellant.

Court of Appeals of New York.

Decided June 23, 2020.


Attorney(s) appearing for the Case

Jenner & Block LLP, Washington D.C. ( Matthew S. Hellman of the District of Columbia bar, admitted pro hac vice, of counsel), and Tendy Law Office LLC, New York City ( Sheila Tendy of counsel), for appellant.

Kirsty L. Sprague , District Attorney, Elizabethtown ( Michele A. Bowen and Kathryn M. Moryl of counsel), for respondent.


OPINION OF THE COURT

On the ninth day of defendant's murder trial, the court substituted an alternate juror for a sitting juror who failed to appear. Before doing so, the trial court did not conduct a reasonably thorough inquiry into the sitting juror's unavailability or place...

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