PEOPLE v. RIVERA


227 A.D.2d 355 (1996)

642 N.Y.S.2d 901

The People of the State of New York, Respondent, v. Antonio Rivera, Appellant

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

May 30, 1996


After the foreperson informed the court that he had seen the court reporter "rolling her eyes" and gesturing during defendant's testimony, and, upon inquiry of the court, indicated that he would not be able to accept the readback of testimony transcribed by the reporter as the official record of the proceedings, the court discharged the foreperson and replaced him with an alternate juror. The other jurors asserted that they would not be swayed by any conduct of the reporter...

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