Legal Opinion
People v. Elias
Appellate Division of the Supreme Court of the State of New York
Decided December 20, 2011PublishedCited by 3 opinions
1Opinion of the Court
If a court finds that a juror is grossly unqualified to serve in a case, or has engaged in misconduct of a substantial nature, the court must discharge such juror (see CPL 270.35; People v Buford, 69 NY2d 290, 299-300 [1987]). In making a determination of whether a juror is grossly unqualified, the trial court must conduct a probing, tactful inquiry into the specific circumstances, and must question each allegedly unqualified juror individually in camera in the presence of the attorneys and the defendant (see People v Gibian, 76 AD3d 583 [2010]; People v Arena, 70 AD3d 1044 [2010]; People v…
2Cases cited11 opinions
- People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
- People v. FarrarNew York Court of Appeals · 1981
- People v. BufordNew York Court of Appeals · 1987
- People v. HorneyAppellate Division of the Supreme Court of the State of New York · 1985
- People v. LittebrantAppellate Division of the Supreme Court of the State of New York · 2008
6 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- People v. TockashAppellate Division of the Supreme Court of the State of New York · 2012
- People v. HenryAppellate Division of the Supreme Court of the State of New York · 2019
- People v. TockashAppellate Division of the Supreme Court of the State of New York · 2012