Legal Opinion

People v. Thomas

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

Decided February 11, 1991PublishedCited by 4 opinions

1Opinion of the Court

Appeal by the People from an order of the Supreme Court, Queens County (Appelman, J.) dated August 17, 1989, which granted the defendant’s motion under CPL 330.30 (2) to set aside a jury verdict finding him guilty of sodomy in the first degree and sexual abuse in the third degree.

Ordered that the order is reversed, on the law, the verdict is reinstated and the case is remitted to the Supreme Court, Queens County, for the imposition of sentence.

As a general rule, a jury verdict may not be impeached "by *550proof of the tenor of its deliberations” (People v Brown, 48 NY2d 388, 393; People v…

2Cases cited5 opinions

  1. People v. BrownNew York Court of Appeals · 1979
  2. People v. HentleyAppellate Division of the Supreme Court of the State of New York · 1989
  3. People v. MaddoxAppellate Division of the Supreme Court of the State of New York · 1988
  4. People v. PazAppellate Division of the Supreme Court of the State of New York · 1990
  5. People v. LehrmanAppellate Division of the Supreme Court of the State of New York · 1989

3Cited by4 opinions

  1. People v. MartinezAppellate Division of the Supreme Court of the State of New York · 1991
  2. People v. KontonicolasAppellate Division of the Supreme Court of the State of New York · 1993
  3. People v. ReynoldsAppellate Division of the Supreme Court of the State of New York · 1993
  4. People v. SimmsAppellate Division of the Supreme Court of the State of New York · 2008

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