PEOPLE v. CAIN


151 A.D.2d 591 (1989)

The People of the State of New York, Respondent, v. Asher Cain, Appellant

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

June 12, 1989


Ordered that the judgment is affirmed.

We find no merit to the defendant's contention that the procedure used by the Trial Judge upon the polling of the jury requires a new trial. When asked by the court clerk if the guilty verdict as to the codefendant Dawson Sharpe was his verdict, one of the jurors answered, "Yes, sir. It was * * * I need to know something". The juror expressed a desire to talk to the Judge in private. Thereupon, the Trial Judge asked "can you...

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