PEOPLE v. CLARK


81 N.Y.2d 913 (1993)

The People of the State of New York, Respondent, v. Kevin Clark, Appellant.

Court of Appeals of the State of New York.

Decided April 5, 1993.


Attorney(s) appearing for the Case

Robert Mauer, Garden City, for appellant.

Robert T. Johnson, District Attorney of Bronx County (Allen H. Saperstein and Billie Manning of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, HANCOCK, JR., BELLACOSA and SMITH concur; Judge TITONE dissents and votes to reverse in an opinion.


MEMORANDUM.

The order of the Appellate Division should be affirmed.

Defendant and two codefendants were convicted after a jury trial of multiple counts of murder and attempted murder. Following conviction, all three defendants moved to set aside the verdict on the ground that one of the jurors had been in regular contact with defendant's potential alibi witness during the trial. The trial court denied their motions...

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