People v. Brown

OPINION OF THE COURT

Wachtler, J.

During a trial a juror conducted a "test” which bore on the credibility of a key prosecution witness. The issue on this appeal is whether that conduct and the communication of the results of the "test” to other jurors during their deliberations, constitutes reversible error.

The defendant Brown was convicted after trial of one count of robbery, first degree, and two counts of reckless endangerment, first degree, in connection with the robbery of a Queens candy store. The defendant was accused of being the driver of the escape car; his two codefendants were…