Legal Opinion
People v. Spencer
New York Court of Appeals
Decided June 22, 2017PublishedCited by 28 opinions
1Opinion of the Court
OPINION OF THE COURT
Chief Judge DiFiore.
The issue presented on this appeal is whether the trial court erred, after its inquiry pursuant to People v Buford (69 NY2d 290 [1987]), in failing to discharge a sworn juror who, on the fourth day of deliberations, repeatedly stated that she could not “separate [her] emotions from the case” and “[did not] have it in [her]” to decide the case on the facts and the law. We hold, under the unique circumstances presented here — where the juror repeatedly and unambiguously responded that she was unable to render an impartial verdict based solely on the…
2Cases cited12 opinions
- Payton v. New YorkSupreme Court of the United States · 1980
- Smith v. PhillipsSupreme Court of the United States · 1982
- People v. BufordNew York Court of Appeals · 1987
- People v. ArnoldNew York Court of Appeals · 2001
- People v. HarrisNew York Court of Appeals · 2002
7 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- People v. KuzdzalNew York Court of Appeals · 2018
- People v. BrooksAppellate Division of the Supreme Court of the State of New York · 2020
- People v. ShawNew York Court of Appeals · 2026
- People v. FultonAppellate Division of the Supreme Court of the State of New York · 2022
- People v. AlgerAppellate Division of the Supreme Court of the State of New York · 2022
23 more not listed; retrieve them via the Exa API.