PEOPLE v. RIVERA


26 N.Y.2d 304 (1970)

The People of the State of New York, Respondent, v. Jose Vasquez Rivera, Appellant.

Court of Appeals of the State of New York.

Decided April 23, 1970.


Attorney(s) appearing for the Case

Julia P. Heit and Milton Adler for appellant.

Burton B. Roberts, District Attorney (Alan D. Singer of counsel), for respondent.

Judges BURKE, BERGAN and GIBSON concur with Chief Judge FULD; Judge SCILEPPI dissents and votes to modify in a separate opinion in which Judges BREITEL and JASEN concur.


Chief Judge FULD.

Convicted in 1967 of selling and possessing a narcotic drug (marijuana) upon evidence establishing guilt beyond a reasonable doubt, the defendant seeks a reversal on the ground, among others, that some of the jurors had learned that another indictment was pending against him on a similar charge.

Posted on the door of the courtroom in which the defendant was being tried was a calendar...

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