People v. White

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed and the case remitted to that court for a review of the facts.

Following a jury trial, defendant was convicted of having robbed a grocery store. The Appellate Division reversed the conviction “on the law” because, in its view, the trial court had abused its discretion in permitting the jurors to view the scene of the crime after they had begun their deliberations. Since both parties had consented to the post-summation viewing, the Appellate Division declined to hold that the procedure was unauthorized per se…