Legal Opinion
People v. Cargill
New York Court of Appeals
Decided July 9, 1987PublishedCited by 46 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be reversed and a new trial ordered.
CPL 270.35 commands in pertinent part that "[i]f at any time after the trial jury has been sworn and before the rendition of its verdict * * * the court finds, from facts unknown at the time of the selection of the jury, that a juror is grossly unqualified to serve in the case * * * the court must discharge such juror.” In People v Buford (69 NY2d 290), we distinguished between the disqualification of prospective and sworn jurors and held that the standard for excusing a sworn juror…
2Cases cited3 opinions
- People v. BufordNew York Court of Appeals · 1987
- People v. WestNew York Court of Appeals · 1984
- People v. WestAppellate Division of the Supreme Court of the State of New York · 1983
3Cited by46 opinions
- People v. RodriguezNew York Court of Appeals · 1988
- Leslie Jameson v. Thomas Coughlin, Iii, Commissioner and New York State Department of Correctional ServicesCourt of Appeals for the Second Circuit · 1994
- People v. KuzdzalNew York Court of Appeals · 2018
- State v. CookCourt of Appeals of Maryland · 1995
- People v. BuelAppellate Division of the Supreme Court of the State of New York · 2008
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