People v. Pickett

While I am in agreement with the court’s judgment

and opinion in this case, I believe it is helpful however, in light of the dissent, to examine the present state of the law on this issue. The Court of Appeals has not really had the opportunity to discuss the duties and discretion of the trial court when, upon a polling of the jury pursuant to CPL 310.80,1 a juror responds in the affirmative, but “under duress.” (Compare Matter of Oliver v Justices of N. Y. Supreme Ct. of N. Y. County, 36 NY2d 53, affg 44 AD2d 823 [on CPL 310.70 grounds].) The United States District Court for the Eastern…