State v. Milton

A jury found defendant, Deshand Milton, guilty of three drug-related offenses. When polled on the second of the three counts, one juror hesitated before responding, “Um guilty. That was the verdict that I gave.” Despite evidence that the juror initially may have said “not guilty,” the trial court accepted the verdict on Count Two as unanimous and denied defendant’s motion for a new trial. The Appellate Division affirmed.

The question presented is whether the trial court abused its discretion when it determined that the juror’s final “guilty” answer to the poll on Count Two indicated clear…