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PEOPLE v. CARTER

40 N.Y.2d 933 (1976)

The People of the State of New York, Respondent, v. Craig Carter, Appellant.

Court of Appeals of the State of New York.

Decided November 16, 1976.

Attorney(s) appearing for the Case

Hillard Wiese and William E. Hellerstein for appellant.

Robert M. Morgenthau, District Attorney (George P. McKeegan and Robert M. Pitler of counsel), for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be reversed and a new trial ordered.

Following several hours of deliberation, it was announced that the jury had reached a guilty verdict on all counts. Upon polling the jury, however, it was revealed that one juror, the foreman, had not voted a guilty verdict. The court informed the jury that they would be required to deliberate further since the verdict was unacceptable for lack of unanimity. Upon the...

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