People v. Horney
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, New York County (Frederic Berman, J.), entered April 19, 1984, which, after a hearing, set aside a jury verdict finding defendant guilty of assault in the second degree on the ground of juror misconduct (CPL 330.30 [2]) and ordered a new trial, unanimously reversed, on the law and on the facts, the verdict reinstated, and the case remanded for sentencing.
We do not believe that the several minor incidents alleged to constitute juror misconduct affected any substantial right of the defendant or impaired the ability of the jury to fairly and impartially assess the case…
2Cases cited13 opinions
- Irvin v. DowdSupreme Court of the United States · 1961
- Parker v. GladdenSupreme Court of the United States · 1966
- People v. CiaccioNew York Court of Appeals · 1979
- People v. BrownNew York Court of Appeals · 1979
- People v. De LuciaNew York Court of Appeals · 1967
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3Cited by42 opinions
- People v. ReddAppellate Division of the Supreme Court of the State of New York · 1990
- People v. RukajAppellate Division of the Supreme Court of the State of New York · 1986
- Avincola v. StinsonDistrict Court, S.D. New York · 1999
- People v. FoxAppellate Division of the Supreme Court of the State of New York · 1991
- People v. JusticeAppellate Division of the Supreme Court of the State of New York · 2012
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