Baez v. State

SCHWARTZ, Chief Judge.

In the course of Baez’s D.U.I. jury trial in the Monroe County Court, the jury returned to the courtroom at 1:30 p.m. after a lunch recess which began at noon. After further proceedings, it retired to deliberate at 4:15 p.m. An hour later, the trial judge reported as follows:

THE COURT: All right. I have a question from the jury, and I quote — you better sit down.

“One of the jurors has admitted to having a couple of beers at lunch. Is he qualified to help make a decision?”

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