People v. Jean-Philippe
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Memorandum: Defendant appeals from a judgment convicting him following a jury trial of three counts of criminal possession of a forged instrument in the second degree (Penal Law § 170.25) and one count of reckless endangerment in the first degree (§ 120.25). We agree with defendant that he was denied a fair trial by Supreme Court’s refusal to dismiss a juror who was seen falling asleep, albeit briefly, during trial. “A determination whether a juror is unavailable or grossly unqualified, and subsequently to discharge such a juror, is left to the broad discretion of the court” (People v Punwa,…
2Cases cited7 opinions
- People v. SuarezNew York Court of Appeals · 2005
- People v. OkaforeNew York Court of Appeals · 1988
- People v. CargillNew York Court of Appeals · 1987
- People v. PallagiAppellate Division of the Supreme Court of the State of New York · 2012
- People v. PrindleNew York Court of Appeals · 2011
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3Cited by16 opinions
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- People v. LostumboAppellate Division of the Supreme Court of the State of New York · 2013
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