Legal Opinion · Concurrence

People v. Pizarro

Appellate Division of the Supreme Court of the State of New York

Decided December 29, 2005Published

1ConcurrenceMcGuire, J.

I cannot agree that there was a mere misunderstanding between juror Navarro and nearly all of the other jurors. In my judgment, only one reasonable conclusion can be drawn from the record: juror Navarro not only at least attempted on more than one occasion to inform all or some of the other deliberating jurors about personal knowledge he had concerning the separately tried codefendant, but denied to the trial judge, falsely and repeatedly, that he had attempted to do so.

On the second day of deliberations the foreperson of the jury informed the court that there was “a problem with one of the…

2Cases cited21 opinions

  1. Arizona v. FulminanteSupreme Court of the United States · 1991
  2. Tumey v. OhioSupreme Court of the United States · 1927
  3. McDonough Power Equipment, Inc. v. GreenwoodSupreme Court of the United States · 1984
  4. People v. BufordNew York Court of Appeals · 1987
  5. Alfred R. Dyer v. Arthur Calderon, Warden, of California State Prison at San QuentinCourt of Appeals for the Ninth Circuit · 1998

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