| People v Vargas |
| 2017 NY Slip Op 03854 [150 AD3d 469] |
| May 11, 2017 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York,
Respondent, v Daniel Vargas, Appellant. |
Robert S. Dean, Center for Appellate Litigation, New York (David Klem of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Jordan K. Hummel of counsel), for respondent.
Judgment, Supreme Court, Bronx County (Eugene Oliver, J.), rendered December 2, 2014, convicting defendant, after a jury trial, of burglary in the first, second and third degrees and assault in the third degree, and sentencing him, as a second felony offender, to an aggregate term of 10 years, unanimously reversed, on the law, and the matter remanded for a new trial.
As the People concede, reversal is required because the court did not obtain defendant's signed, written consent before replacing a deliberating juror (People v Page, 88 NY2d 1 [1996]). In light of this determination, we find it unnecessary to reach defendant's remaining contentions. Concur—Sweeny, J.P., Richter, Andrias, Feinman and Kahn, JJ.