PEOPLE v. RODRIGUEZ


125 A.D.2d 82 (1987)

The People of the State of New York, Respondent, v. Wilfredo Rodriguez, Appellant

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

February 24, 1987


Attorney(s) appearing for the Case

B. Kay Huff of counsel (Philip L. Weinstein, attorney), for appellant.

Mary Jane C. Shimsky of counsel (Mark Dwyer with her on the brief; Robert M. Morgenthau, District Attorney, attorney), for respondent.

SANDLER, J. P., SULLIVAN and MILONAS, JJ., concur.


KASSAL, J.

The issue before us on this appeal is whether, under the unique circumstances of this case, the trial court was required to declare a mistrial or set aside the verdict on the basis of statements of bias or prejudice expressed by one of the jurors during jury deliberations. On review of the entire record, we are persuaded that there was no error in the denial of both motions.

This was a relatively...

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