PEOPLE v. SIMMONS


213 A.D.2d 433 (1995)

623 N.Y.S.2d 309

The People of the State of New York, Respondent, v. Noah Simmons, Appellant

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

March 6, 1995


Ordered that the judgment is affirmed.

Upon learning that six jurors had overheard a defense witness's out-of-court comments criticizing the Assistant District Attorney, the court conducted an inquiry, in the presence of the defendant and his counsel, of the six jurors who had heard the comments. When the court was informed that the rest of the jury had heard about the incident, it instructed the entire jury that the comments were improper and that the jury should...

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