PEOPLE v. GALLINA


137 A.D.2d 617 (1988)

The People of the State of New York, Respondent, v. Phillip Gallina, Appellant

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

February 8, 1988


Ordered that the judgment is reversed, on the law, and a new trial is ordered. The facts have been considered and determined to have been established.

During the defendant's trial, one of the sworn jurors was observed talking to a spectator. The trial court conducted an inquiry of the juror in the presence of both counsel. The juror informed the court that the spectator worked at a dentist's office where the juror had been a patient. The spectator had recognized the...

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