Legal Opinion

People v. Brink

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

Decided December 31, 2008PublishedCited by 1 opinion

1Opinion of the Court

*1485Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of, inter alia, burglary in the second degree (Penal Law § 140.25 [2]) and attempted burglary in the second degree (§§ 110.00, 140.25 [2]). Contrary to the contention of defendant, Supreme Court properly denied the request for a mistrial that he made after he learned that some of the jurors had possibly read a newspaper article concerning his prior convictions. “[I]t has been uniformly held that the trial judge ‘is required to take appropriate steps to insure that the jurors [have] not been exposed to or…

2Cases cited14 opinions

  1. People v. BleakleyNew York Court of Appeals · 1987
  2. People v. GrayNew York Court of Appeals · 1995
  3. People v. GallowayNew York Court of Appeals · 1981
  4. People v. HinesNew York Court of Appeals · 2001
  5. BROWN BROS. v. Beam Constr.New York Court of Appeals · 1977

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3Cited by1 opinion

  1. TOWSLEY, CHAD E., PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2011

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