In the Matter of Eric Smith v. Richard A. Brown

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, without costs, and the petition dismissed.

Petitioner Eric Smith was charged with weapon possession after the police stopped him for a traffic infraction and discovered that he was carrying a loaded handgun. During jury deliberations, two jurors sent a note to the court reporting that juror 11 had recounted to the entire jury “a conversation he had with a lawyer friend regarding hypothetical cases involving a gun.” After the three jurors were questioned, the court dismissed juror 11 with the consent of…