People v. De Lucia

The issue on this appeal is the effect of an unauthorized visit by a jury to the scene of the alleged crime. Defendants De Lucia and Montella were convicted, after a jury trial, of attempted burglary in the third degree and of possession of burglar’s instruments. The Appellate Division unanimously affirmed. By a closely divided court, we upheld the conviction, stating that ‘ It has long been familiar law that jurors may not impeach their own duly rendered verdict by statements or *277testimony averring their own misconduct within or without the .juryroom.” (People v. De Lucia, 15 N Y 2d 294,…