Appeal by the defendant from a judgment of the Supreme Court, Queens County (Hollie, J.), rendered March 15, 2006, convicting him of robbery in the second degree, criminal solicitation in the second degree, tampering with a witness in the third degree, and intimidating a victim or witness in the third degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is reversed, on the law, and a new trial is ordered.
The defendant’s contention that the evidence was legally
As the People correctly concede, however, a new trial is required because the Supreme Court did not obtain written consent signed by the defendant in open court in the presence of the court, to replace two regular jurors with two alternate jurors after the jury began its deliberations (see CPL 270.35 [1]; People v Page, 88 NY2d 1, 3 [1996]; People v Whitley, 24 AD3d 473, 474 [2005]). Oral consent will not suffice (People v Page, 88 NY2d 1, 3 [1996]); the consent must be in writing, in open court, and made by the defendant personally in the presence of the court (see CPL 270.35 [1]).
In view of this disposition it is unnecessary to reach the defendant’s remaining contentions. Crane, J.P., Florio, Lifson and Carni, JJ., concur.
