Legal Opinion

People v. Horney

New York Supreme Court

Decided April 19, 1984PublishedCited by 1 opinion

1Opinion of the Court

*23OPINION OF THE COURT

Frederic S. Berman, J.

The defendant, Barry Horney, a New York City transit police officer, was convicted, after a jury trial, of assault in the second degree (Penal Law, § 120.05, subd 2) on December 2, 1983. The defendant now seeks to set aside the verdict, pursuant to CPL 330.30 (subds 1, 2) on the grounds that numerous incidents of jury misconduct and misconduct of others in relation to the jury deprived him of his constitutional and statutory right to a fair trial.

Defendant has alleged a multitude of instances of misconduct by jurors and others both prior to and during…

2Cases cited28 opinions

  1. Irvin v. DowdSupreme Court of the United States · 1961
  2. Snyder v. MassachusettsSupreme Court of the United States · 1934
  3. Stein v. New YorkSupreme Court of the United States · 1953
  4. Parker v. GladdenSupreme Court of the United States · 1966
  5. People v. CiaccioNew York Court of Appeals · 1979

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3Cited by1 opinion

  1. State v. Del FinoSupreme Court of New Jersey · 1985

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