People v. McClenton

Wallach, J. P. (dissenting).

On this appeal, we are required to consider whether a note written by a juror and delivered to a court officer for transmittal to the juror’s employer was conduct (or possible misconduct) requiring inquiry or other intervention by the Trial Judge. On this record, I am led to conclude that the court committed no error in declining to pursue the matter after the jury had retired.

At 2:00 p.m. on the final day of trial, at the prosecutor’s request, the Judge delivered to the jury a supplemental charge on acting in concert, emphasizing that a finding of criminality on…