People v. Simms

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Carroll, J.), rendered July 6, 2006, convicting him of robbery in the first degree (two counts), upon a jury verdict, and imposing sentence.

Ordered that the judgment is reversed, on the law, and a new trial is ordered.

The defendant was convicted, upon a jury verdict, of two counts of robbery in the first degree. He contends on appeal that the Supreme Court erred in accepting the verdict because statements made by a juror when the jury was polled and in response to subsequent inquiry by the court demonstrated that the…