People v. Garvin

Judgment unanimously reversed and new trial granted. Memorandum: Defendant appeals from a judgment of conviction on a charge of burglary in the second degree and menacing. When the court polled the jurors *683subsequent to the announcement by the jury foreman of the verdict, one juror replied that his verdict was “with reasonable doubt.” The court stated that it did not know what that meant and asked if that was his verdict. The juror replied, “That’s what I gave, yes.” Defense counsel requested clarification of the remark, but the Judge refused to make any inquiry. A jury verdict in a criminal…