People v. Giarletta
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal by the defendant from a judgment of the Supreme Court, Richmond County (Collini, J.), rendered April 16, 2008, convicting him of endangering the welfare of a child, upon a jury verdict, and imposing sentence.
Ordered that the judgment is reversed, on the law, and a new trial is ordered.
Pursuant to Criminal Procedure Law § 330.30 (2), a court may set aside a verdict based upon juror misconduct which, inter alia, “may have affected a substantial right of the defend*839ant.” Here, at the hearing conducted on his motion to set aside the verdict, the defendant established by a preponderance of…
2Cases cited9 opinions
- People v. BrownNew York Court of Appeals · 1979
- People v. RodriguezNew York Court of Appeals · 2003
- People v. ClarkNew York Court of Appeals · 1993
- People v. LemayAppellate Division of the Supreme Court of the State of New York · 2010
- People v. MagnanoAppellate Division of the Supreme Court of the State of New York · 1991
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- People v. DavisAppellate Division of the Supreme Court of the State of New York · 2011
- People v. MarsdenAppellate Division of the Supreme Court of the State of New York · 2015
- People v. DavisAppellate Division of the Supreme Court of the State of New York · 2017
- People v. MarsdenAppellate Division of the Supreme Court of the State of New York · 2011
- People v. MorrisonAppellate Division of the Supreme Court of the State of New York · 2012
5 more not listed; retrieve them via the Exa API.