People v. Jerge
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Memorandum:
Defendant appeals from a judgment convicting him upon a jury verdict of, inter alia, sexual abuse in the second degree (Penal Law § 130.60 [2]) and course of sexual conduct against a child in the second degree (§ 130.80 [1] [b]). We agree with defendant that County Court erred in denying his motion to set aside the verdict based on juror misconduct.
CPL 330.30 provides in relevant part that a court may, upon motion of the defendant, set aside a verdict on the ground that “during the trial there occurred, out of the presence of the court, improper conduct by a juror . . . , which may…
2Cases cited11 opinions
- People v. CarrollNew York Court of Appeals · 2000
- People v. TaylorNew York Court of Appeals · 1990
- People v. BrownNew York Court of Appeals · 1979
- People v. SantiNew York Court of Appeals · 2004
- People v. MaraghNew York Court of Appeals · 2000
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3Cited by7 opinions
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- JONES, ALAN L., PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2012
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