PEOPLE v. COLE


201 A.D.2d 577 (1994)

607 N.Y.S.2d 699

The People of the State of New York, Respondent, v. Rohan Cole, Also Known as Rhoan Cole, Appellant

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

February 14, 1994


Ordered that the judgments and the amended judgment are affirmed.

On the second day of the defendant's murder trial, following the testimony of the second prosecution witness, the court conducted an in-chambers inquiry of a juror, who had indicated that he thought he recognized a courtroom spectator. Although the defendant was not present during the inquiry, the prosecutor and defense counsel were present.

The inquiry established that the spectator who the...

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