People v. Morales
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*87OPINION OF THE COURT
Asch, J.
We find that defendant was deprived of a fair trial when Criminal Term permitted two jurors to take notes during the supplemental charge, over the objections of counsel, the codefendant’s counsel and the prosecutor. While allowing jurors to take notes has been recognized, the risk may be that, in such cases, greater weight may be accorded by jurors to their notes, which may be inaccurate or misleading, than to their own independent recollections (People v DiLuca, 85 AD2d 439). Since note-taking during the presentation of evidence is not before us, we deal only with…
2Cases cited8 opinions
- People v. OwensNew York Court of Appeals · 1987
- People v. NimmonsNew York Court of Appeals · 1988
- People v. DiLucaAppellate Division of the Supreme Court of the State of New York · 1982
- People v. SandersNew York Court of Appeals · 1987
- People v. BrooksNew York Court of Appeals · 1987
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3Cited by5 opinions
- People v. SullivanAppellate Division of the Supreme Court of the State of New York · 1990
- People v. GerardAppellate Division of the Supreme Court of the State of New York · 1994
- People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1991
- People v. StrasserAppellate Division of the Supreme Court of the State of New York · 1998
- People v. StewartAppellate Division of the Supreme Court of the State of New York · 1992