People v. Rivera

Chief Judge Fuld.

Convicted in 1967 of selling and possessing a narcotic drug (marijuana) upon evidence establishing guilt beyond a reasonable doubt, the defendant seeks a reversal on the ground, among others, that some of the jurors had learned that another indictment was pending against him on a similar charge.

Posted on the door of the courtroom in which the defendant was being tried was a calendar listing six cases scheduled for trial in that Part. At the top of the calendar were these two entries:

“Assistant, O’Malley; Ind. No. 2443/66; Defendant Jose Rivera; Charge, Vio. Sec. 1751-1 & 3…