PEOPLE v. ARGIBAY


57 A.D.2d 520 (1977)

The People of the State of New York, Respondent, v. Anthony Argibay, Appellant The People of the State of New York, Respondent, v. Anthony Di Guiseppe, Appellant

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

April 14, 1977


We adopt the recital of the sequence of events set forth in the dissent, but emphasize, as disclosed by the record, that upon resumption of the trial the next morning, the Trial Justice stated he wanted to question the juror. Counsel for defendant Argibay, to whom the juror's remark allegedly was directed and who had made the motions for a mistrial or in the alternative for removal of the juror, declined, however, the opportunity to pursue that course, fearing the juror would...

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