People v. Gee

OPINION OF THE COURT

April A. Newbauer, J.

This case illustrates the danger inherent in seating a juror who lives near the crime location. Such a juror may either recall more information about the area during the trial or acquire it inadvertently, and then offer it up to other members of the jury for their consideration during deliberations. On February 27, 2017, the defendant was convicted after a jury trial of criminal sale of a controlled substance in the third degree in violation of Penal Law § 220.39 (1). On April 18, 2017, the defendant moved pursuant to Criminal Procedure Law § 330.30…