PEOPLE v. STANLEY


87 N.Y.2d 1000 (1996)

665 N.E.2d 190

642 N.Y.S.2d 620

The People of the State of New York, Respondent, v. Charles Stanley, III, Appellant.

Court of Appeals of the State of New York.

Decided March 21, 1996.


Attorney(s) appearing for the Case

Edward J. Nowak, Public Defender of Monroe County, Rochester (James Eckert of counsel), for appellant.

Howard R. Relin, District Attorney of Monroe County, Rochester (Elizabeth Clifford of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur in memorandum.


MEMORANDUM.

The order of the Appellate Division should be reversed, and a new trial ordered.

Following defendant's trial for murder in the second degree, the deadlocked jury requested permission to visit the crime scene to aid in their deliberations. The prosecutor, defendant and his counsel all agreed to the postsummation view and accompanied the Trial Judge, court officers and jury to the scene. At the scene, both...

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