PEOPLE v. HORNEY


112 A.D.2d 841 (1985)

The People of the State of New York, Appellant, v. Barry Horney, Respondent

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

August 15, 1985


We do not believe that the several minor incidents alleged to constitute juror misconduct affected any substantial right of the defendant or impaired the ability of the jury to fairly and impartially assess the case wherein defendant, a transit police officer, was accused of beating the complainant into unconsciousness with his nightstick after apprehending him for theft of services.

The incidents in question were originally brought to light by one persistent juror...

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