People v. Harding

Judgment, Supreme Court, New York County, rendered on June 19, 1972, convicting defendant after trial by jury of grand larceny in the second degree, and sentencing him to an indeterminate term not to exceed five years, unanimously reversed, on the law and in the exercise of discretion, and a new trial directed. The failure of the Trial Judge to hold a formal hearing, with counsel for defendant present, on the question whether or not a juror, one Julian Jackson, actually was a tainted juror, constituted error, which, on the entire record and in the interests of justice, compels a new trial.…