Opinion
May 9, 1995
Appeal from the Supreme Court, Bronx County (Joseph Fisch, J.).
As we held in the codefendant's appeal (People v Flore, 211 A.D.2d 557), the substitution of a deliberating juror with an alternate juror without defendant's consent violated CPL 270.35, and requires reversal and remand for a new trial. Defendant's remaining points are academic.
Concur — Sullivan, J.P., Rosenberger, Ross, Asch and Williams, JJ.