Can a defense counsel substitute an alternate juror after the jury has retired to deliberate?
"New York", United States of America
The following excerpt is from People v. Adamson, 108 Misc.2d 394, 437 N.Y.S.2d 613 (N.Y. Sup. Ct. 1981):
Therefore, defense counsel relies on People v. Ryan, 19 N.Y.2d 100, 278 N.Y.S.2d 199, 224 N.E.2d 710, which forbids the substitution of an alternate juror after the jury has retired to deliberate absent the statutorily prescribed consent. Defense counsel claims that such consent can only be made by defendant in writing, and signed personally by him in open court in the presence of the court.
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