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PEOPLE v. PICKETT

61 N.Y.2d 773 (1984)

The People of the State of New York, Appellant, v. Earl Pickett, Respondent.

Court of Appeals of the State of New York.

Decided February 14, 1984.

Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney (Michael H. Warren and Norman Barclay of counsel), for appellant.

Benjamin Heinrich for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER and KAYE concur; Judge SIMONS taking no part.

Memorandum.

The order of the Appellate Division should be affirmed.

While the jury was being polled one juror, when asked whether the verdicts were hers, responded, "Yes, under duress, I'm saying yes". The Trial Judge then asked her, "Are they your verdicts, yes or no?", to which the juror replied, "Yes." Defense counsel thereupon requested the court to hold a hearing to make a determination as to what the stated...

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