Court of Appeals of New York

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People v. Garay, 25

Defendant was convicted and sentenced for criminal possession of a controlled substance in the fifth degree. Defendant contends that his right to counsel under the New York Constitution (article I, section 6) was violated in connection with the trial court's replacement of a sick juror with an alternate juror. The judgment is affirmed, where defense counsel's failure to object when the court replaced the sick juror renders defendant's claim of deprivation of the right to counsel unpreserved and thus beyond appellate review.

Appellate Information

  • Decided 03/31/2015
  • Published 03/31/2015


  • Abdus-Salaam


  • Court of Appeals of New York


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