PEOPLE v. BROWN


38 A.D.2d 651 (1971)

The People of the State of New York, Respondent, v. Lawrence Brown, Jr., Appellant

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

December 22, 1971


After the jury rendered its verdict the defense moved for a mistrial on the ground that one of the jurors during the period of deliberation had been observed in the courtroom having a telephone conversation in contravention of section 421 of the Code of Criminal Procedure. The trial court, after conceding that such a conversation had taken place, denied the motion on the basis of its own investigation of the event. The appellant was given no opportunity to participate in...

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