PEOPLE v. YAZUM


18 A.D.2d 409 (1963)

The People of the State of New York, Respondent, v. John J. Yazum, Also Known as Larry Jamison, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

May 7, 1963.


Attorney(s) appearing for the Case

Francis Warren Travers for appellant.

John T. Casey, District Attorney (Pierce H. Russell of counsel), for respondent.

COON, J. P., GIBSON and TAYLOR, JJ., concur with REYNOLDS, J.; HERLIHY, J., dissents, in an opinion and votes to affirm.


REYNOLDS, J.

The sole issues raised on this appeal are whether evidence of an attempted escape prior to trial was properly admissible over appellant's objection, and whether reversible error was committed when a juror was allowed to leave the jury room and make a phone call to her foreman while the jury was deliberating and without permission of the court in derogation of section 421 of the Code of Criminal Procedure.

It is undisputed that on...

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