State v. Humfrey A. Musa (A-78-13; 073268)

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.