Legal Opinion
People v. McClenton
Appellate Division of the Supreme Court of the State of New York
Decided July 27, 1995PublishedCited by 10 opinions
1Opinion of the Court
OPINION OF THE COURT
Mazzarelli, J.
The trial court erred when it denied the defendant’s timely request to make a "probing and tactful inquiry” of a juror who, before deliberations even commenced, wrote a note which indicated that the juror’s discharge might be required under CPL 270.35. Because nisi prius failed to conduct any inquiry whatsoever, the court’s implied finding that the allegedly wayward juror was not "grossly unqualified” and had not "engaged in misconduct of a substantial nature” necessarily rests upon impermissible speculation. Therefore, the judgment of conviction must be…
2Cases cited3 opinions
- People v. BufordNew York Court of Appeals · 1987
- People v. RodriguezNew York Court of Appeals · 1988
- People v. SouthAppellate Division of the Supreme Court of the State of New York · 1991
3Cited by10 opinions
- People v. DotsonAppellate Division of the Supreme Court of the State of New York · 1998
- People v. VenturaAppellate Division of the Supreme Court of the State of New York · 2014
- People v. RuggieroAppellate Division of the Supreme Court of the State of New York · 2001
- People v. GajadharAppellate Division of the Supreme Court of the State of New York · 2001
- People v. OrdenanaAppellate Division of the Supreme Court of the State of New York · 2005
5 more not listed; retrieve them via the Exa API.