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PEOPLE v. ANDERSON

70 N.Y.2d 729 (1987)

The People of the State of New York, Respondent, v. Anthony Anderson, Appellant.

Court of Appeals of the State of New York.

Decided September 15, 1987.

Attorney(s) appearing for the Case

Carl J. Silverstein and John Ferrara for appellant.

Stephen F. Lungen, District Attorney (Frank J. Labula of counsel), for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be reversed and a new trial ordered.

During the People's presentation of evidence, one of the jurors advised the court that, because of his concerns about the racial composition of the jury, his judgment might be "colored, distorted". At a hearing conducted outside the presence of the other jurors, the juror was asked what he meant by that statement. He responded...

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