People v. Carter

Memorandum. The order of the Appellate Division should be reversed and a new trial ordered.

Following several hours of deliberation, it was announced that the jury had reached a guilty verdict on all counts. Upon polling the jury, however, it was revealed that one juror, the foreman, had not voted a guilty verdict. The court informed the jury that they would be required to deliberate further since the verdict was unacceptable for lack of unanimity. Upon the foreman’s inquiry concerning "What could be done if one or a few jurors cannot be convinced”, the court made the following remarks: "It is…