People v. Bryant

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Posner, J.), rendered January 17, 1989, convicting him of criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is reversed, on the law and as a matter of discretion in the interest of justice, and a new trial is ordered. The facts have been considered and are determined to have been established.

After the jury had rendered a verdict of guilty, it was polled at the defense counsel’s request. During the polling, one juror, when asked whether…