PEOPLE v. BROWN


42 A.D.2d 633 (1973)

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.

June 25, 1973


The sole issue raised on this appeal is whether the trial court erred in not granting a mistrial and/or failing to set aside the judgment of conviction based upon a telephone conversation being had by one of the jurors in contravention of section 421 of the Code of Criminal Procedure. When this matter first came before this court in 1971, a determination was withheld and the case remitted to the trial court for the purpose of holding a hearing and rendering a decision based...

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