Kenneth Vercammen & Associates, P.C.
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Friday, September 04, 2015

State v. Humfrey A. Musa (A-78-13;

State v. Humfrey A. Musa (A-78-13; 073268) 
Juror Number 2’s failure to appear for the second day of deliberations amounted to an “inability to continue” under Rule 1:8-2(d)(1) and substituting an alternate juror for the missing juror was permissible. The matter is remanded to the Appellate Division to address the issue it did not reach: whether the trial court’s failure to give an identification charge denied defendant a fair trial.