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STATE v. HORTON

A-26 September Term 2019 082698.

231 A.3d 708 (2020)

242 N.J. 428

STATE of New Jersey, Plaintiff-Respondent, v. Antwan J. HORTON, a/k/a Anatwan Hortan, Antione Jameson, Antione Jenkins, Antoine Smith, Antowne Horton, Antwan Jackson, Raseen Wallace, Rashad Smith, Rasheen Wallace, and Rayquan Smith, Defendant-Appellant.

Supreme Court of New Jersey.

Decided June 10, 2020.

Revised June 12, 2020.

Attorney(s) appearing for the Case

Whitney F. Flanagan, Assistant Deputy Public Defender, argued the cause for appellant (Joseph E. Krakora, Public Defender, attorney; Whitney F. Flanagan, and David A. Gies, Designated Counsel, of counsel and on the briefs).

Michele C. Buckley, Special Deputy Attorney General/Acting Assistant Prosecutor, argued the cause for respondent (Lyndsay V. Ruotolo, Acting Union County Prosecutor, attorney; Michele C. Buckley, of counsel and on the briefs).

This appeal comes before the Court to consider the actions of the trial court in excusing and replacing a juror who had a preplanned vacation and who had been part of deliberations. Just before the substitution, all the jurors, including the juror with the preplanned vacation, announced that they had reached a partial verdict. The judge did...

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