Legal Opinion
People v. Dotson
Appellate Division of the Supreme Court of the State of New York
Decided March 13, 1998PublishedCited by 10 opinions
1Opinion of the Court
—Judgment unanimously reversed on the law and new trial granted. Memorandum: County Court erred in failing to conduct an inquiry of a juror who disclosed during deliberations that she “was almost raped once myself’. Because defendant was being tried for a sexual assault that included a charge of rape in the first degree (Penal Law § 130.35), the court was required to make a “probing and tactful inquiry” of the juror “in camera in the presence of the attorneys and defendant” to determine if she was “grossly unqualified” to serve (People v Buford, 69 NY2d 290, 299; see, CPL 270.35). The court…
2Cases cited3 opinions
- People v. BufordNew York Court of Appeals · 1987
- People v. AndersonNew York Court of Appeals · 1987
- People v. McClentonAppellate Division of the Supreme Court of the State of New York · 1995
3Cited by10 opinions
- People v. PorterAppellate Division of the Supreme Court of the State of New York · 2010
- People v. VenturaAppellate Division of the Supreme Court of the State of New York · 2014
- People v. KuzdzalAppellate Division of the Supreme Court of the State of New York · 2016
- People v. ShawAppellate Division of the Supreme Court of the State of New York · 2007
- People v. RiveraAppellate Division of the Supreme Court of the State of New York · 2022
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