PEOPLE v. CAIN


76 N.Y.2d 119 (1990)

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

Court of Appeals of the State of New York.

Decided May 10, 1990.


Attorney(s) appearing for the Case

Andrea Hirsch and Philip L. Weinstein for appellant.

John J. Santucci, District Attorney (Emil Bricker of counsel), for respondent.

Chief Judge WACHTLER and Judges KAYE, ALEXANDER and HANCOCK, JR., concur with Judge TITONE; Judge SIMONS dissents in part and votes to reverse and order a new trial on all counts in a memorandum; Judge BELLACOSA dissents and votes to affirm in a separate opinion.


TITONE, J.

In this case appellant challenges the propriety of a postverdict robing room proceeding during which supplemental legal instructions were given to a single juror. We conclude that under the circumstances presented, the trial had not ended as a matter of law when the jury rendered a verdict, and that as a result the robing room proceeding must now be deemed part of appellant's trial. Accordingly, appellant...

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