People v. Hicks

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Defendant was charged with rape in the first degree and related crimes stemming from a sexual assault perpetrated against a female victim. During deliberations, the trial judge received a note from the jury foreperson asking to speak to the judge. When questioned in court, the foreperson explained that the jury had a concern that one of its members “should be excused from the jury for the simple fact that she said, on an occasion she was forced—forcibly raped by her boyfriend or [fiancé] at the time.”…