Adriano Vargas v. John P. Keane

While concurring with the judgement and rationale of the majority opinion, I add these comments to explain the alternate route by which I arrive at the same result.

Following the post-argument conference with the other members of the panel where affirmance was agreed upon, a Questionnaire, infra, was distributed by the concurring judge on his own motion to twelve jurors and four alternates. They had been selected after a full voir dire; represented an excellent cross-section of citizens in the Eastern District of New York; were observed by the court to be highly responsible in exercising their…