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PEOPLE v. SIMON

224 A.D.2d 458 (1996)

638 N.Y.S.2d 113

The People of the State of New York, Respondent, v. Joseph Simon, Appellant

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

February 5, 1996

Ordered that the judgment is affirmed.

It is well settled that "`not every misstep by a juror rises to the inherently prejudicial level at which reversal is required automatically'" (People v Clark, 81 N.Y.2d 913, 914). "Because juror misconduct can take many forms, no ironclad rule of decision is possible. In each case the facts must be examined to determine the nature of the material placed before the jury and the likelihood...

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