People v. Testa

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed and the matter remitted for further proceedings in accordance with this memorandum.

The issue on this appeal is whether the trial court abused its discretion as a matter of law in refusing to set aside the jury’s verdict. This court has declined to fashion any concrete test for assessing claims for improper jury influence. “Because juror misconduct can take many forms, no ironclad rule of decision is possible. In each case the facts must be examined to determine the nature of the material placed before the…