Legal Opinion
People v. Smith
New York Supreme Court
Decided January 3, 1996PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Alan D. Marrus, J.
During jury deliberations may the Trial Judge deny a jury’s request for readback of testimony? Under the law, a Judge *34does have the discretion to refuse a readback request, and, under the circumstances of this case, it was proper to do so.
At the conclusion of a two-jury murder trial involving two defendants, the jury, in this case, commenced its deliberations at about 1:30 p.m. on December 11, 1995. At that time, lunch was served to them in the jury room. At 2:30 p.m., the jury sent out a note for readback of the complete testimony of the three main…
2Cases cited6 opinions
- People v. MalloyNew York Court of Appeals · 1982
- Robison v. StateCourt of Criminal Appeals of Texas · 1994
- People v. ArcarolaAppellate Division of the Supreme Court of the State of New York · 1983
- People v. CarrAppellate Court of Illinois · 1977
- United States v. Durvan Arboleda, John Wenzel and Juan Gil as Known as Pedro, as Known as Peter and Hector Dejesus Areanas-PosadaCourt of Appeals for the Second Circuit · 1994
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3Cited by1 opinion
- People v. SmithAppellate Division of the Supreme Court of the State of New York · 1998