Legal Opinion

People v. Robertson

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

Decided July 14, 1995PublishedCited by 9 opinions

1Opinion of the Court

Judgment *990unanimously modified on the law and as modified affirmed in accordance with the following Memorandum: The trial court properly discharged two sworn jurors pursuant to CPL 270.35. It is apparent from the record that the court determined that juror No. 1 was both unavailable for continued service and that he had "engaged in misconduct of a substantial nature” by failing to answer truthfully the questions put to him under oath (CPL 270.35). The other juror was discharged because he engaged in misconduct of a substantial nature by ignoring the court’s admonition not to discuss the case…

2Cases cited9 opinions

  1. Payton v. New YorkSupreme Court of the United States · 1980
  2. Dunaway v. New YorkSupreme Court of the United States · 1979
  3. People v. BufordNew York Court of Appeals · 1987
  4. People v. LeeNew York Court of Appeals · 1976
  5. People v. LarrabeeAppellate Division of the Supreme Court of the State of New York · 1994

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3Cited by9 opinions

  1. People v. MooreAppellate Division of the Supreme Court of the State of New York · 2007
  2. People v. SellAppellate Division of the Supreme Court of the State of New York · 2001
  3. People v. BrooksAppellate Division of the Supreme Court of the State of New York · 2020
  4. People v. ZeiglerAppellate Division of the Supreme Court of the State of New York · 2003
  5. Mikel v. MarkAppellate Division of the Supreme Court of the State of New York · 1998

4 more not listed; retrieve them via the Exa API.

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