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PEOPLE v. SMITH

59 N.Y.2d 988 (1983)

The People of the State of New York, Respondent, v. Renard Smith, Appellant.

Court of Appeals of the State of New York.

Decided July 5, 1983.

Attorney(s) appearing for the Case

Monica Drinane and William E. Hellerstein for appellant.

Robert M. Morgenthau, District Attorney (Brian E. O'Donoghue and Mark Dwyer of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER and SIMONS concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

We agree with both the trial court and the Appellate Division majority that the juror's conduct did not rise to the level of the "conscious, contrived experimentation" found to be misconduct in People v Brown (48 N.Y.2d 388, 394). Rather, the juror's evaluation of the ability to observe the interior of an...

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