Q. Are there still six alternate jurors on the New York jury? What do they do when deliberations begin?
A. Yes, there are still six alternate jurors. It’s a bit unusual, but not unheard of, for that many alternates to still be available at the end of a month-long trial. Under New York’s rules of criminal procedure, when it comes time for the jury to begin deliberations, the judge can discharge the alternates if the lawyers on both sides agree, or tell the alternates to not discuss the case and in essence become spare jurors waiting in the wings in case they are needed.
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