In People v. Page, 88 N.Y.2d 1 (1996), defendant personally consented to the substitution of an alternate for a deliberating juror. The Court of Appeals reversed his conviction, however, on the grounds that defendant did not waive his right to a jury trial in conformity with the requirements of the New York State Constitution. The Court observed that while People v. Ryan rejected the People's argument that defense counsel orally could consent to substitution of an alternate juror, Ryan also acknowledged that "defendant could waive the right to a jury trial - as well as the inclusory right to a jury of 12 - and thereby consent to substitution of an alternate for a deliberating juror" provided the waiver was done in accordance with the Constitution. (88 N.Y.2d at 8.)