Legal Opinion
People v. John
Appellate Division of the Supreme Court of the State of New York
Decided July 18, 1990PublishedCited by 3 opinions
1Opinion of the Court
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Radin, J.), rendered February 6, 1985, convicting him of robbery in the second degree (two counts), upon a jury verdict, and imposing sentence.
Ordered that the judgment is reversed, on the law, and a new trial is ordered. No questions of fact have been raised or considered.
We agree with the defendant’s contention that the court failed to make an appropriate inquiry before discharging a juror.
Pursuant to CPL 270.35, the trial court must discharge a juror ”[I]f at any time after the trial jury has been sworn and before…
2Cases cited15 opinions
- People v. PageNew York Court of Appeals · 1988
- People v. McDonaldAppellate Division of the Supreme Court of the State of New York · 1988
- People v. AllenAppellate Division of the Supreme Court of the State of New York · 1990
- People v. LawrenceAppellate Division of the Supreme Court of the State of New York · 1988
- People v. BurnsAppellate Division of the Supreme Court of the State of New York · 1986
10 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- People v. DavisAppellate Division of the Supreme Court of the State of New York · 1991
- People v. GuineAppellate Division of the Supreme Court of the State of New York · 1991
- People v. HillAppellate Division of the Supreme Court of the State of New York · 1992