People v. Ceresoli

Balio and Boehm, JJ.

(dissenting). We conclude that a juror gave a false and misleading answer to a question propounded by defense counsel during voir dire on a matter pertinent to whether he should be challenged for cause. Because the juror’s misconduct "may have affected a substantial right of the defendant” (CPL 330.30 [2]), we disagree with the majority’s conclusion that County Court did not err in denying the motion to set aside the verdict and for a new trial, and thus, we respectfully dissent.

Defendant was charged with criminal possession of a forged instrument and with the theft of…