Legal Opinion
People v. Miller
Appellate Division of the Supreme Court of the State of New York
Decided July 14, 1995PublishedCited by 6 opinions
1Opinion of the Court
Judgment unanimously reversed on the law and new trial granted. Memorandum: Defendant appeals from a judgment convicting him of robbery in the first degree (Penal Law § 160.15 [3]) and menacing in the third degree (Penal Law § 120.15). Defendant argues that he was denied a fair trial because of extraneous information overheard by jurors. We agree.
The testimony at trial established that, on July 24, 1992, an employee at Tops Supermarket in Brighton noticed defendant placing packages of meat into his clothing while looking over his shoulder. Shortly thereafter another employee and an assistant…
2Cases cited4 opinions
- People v. NixonAppellate Division of the Supreme Court of the State of New York · 1989
- People v. EdgertonAppellate Division of the Supreme Court of the State of New York · 1985
- People v. KellamAppellate Division of the Supreme Court of the State of New York · 1993
- People v. SmithAppellate Division of the Supreme Court of the State of New York · 1990
3Cited by6 opinions
- People v. GordonNew York Court of Appeals · 2014
- People v. RoigAppellate Division of the Supreme Court of the State of New York · 2014
- People v. GordonAppellate Division of the Supreme Court of the State of New York · 2012
- People v. GordonAppellate Division of the Supreme Court of the State of New York · 2012
- People v. RoigAppellate Division of the Supreme Court of the State of New York · 2014
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