PEOPLE v. BROWN


48 N.Y.2d 388 (1979)

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

Court of Appeals of the State of New York.

Decided November 27, 1979.


Attorney(s) appearing for the Case

Andrew E. Abraham and William E. Hellerstein for appellant.

John J. Santucci, District Attorney (Joan L. Craig of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES and MEYER concur with Judge WACHTLER; Judge FUCHSBERG concurs in a separate opinion.


WACHTLER, J.

During a trial a juror conducted a "test" which bore on the credibility of a key prosecution witness. The issue on this appeal is whether that conduct and the communication of the results of the "test" to other jurors during their deliberations, constitutes reversible error.

The defendant Brown was convicted after trial of one count of robbery, first degree, and two counts of reckless endangerment...

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