PEOPLE v. DOTSON


248 A.D.2d 1004 (1998)

670 N.Y.S.2d 147

The People of the State of New York, Respondent, v. Antonio Dotson, Also Known as James Dotson, Appellant

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

March 13, 1998


Judgment unanimously reversed on the law and new trial granted.

Memorandum:

County Court erred in failing to conduct an inquiry of a juror who disclosed during deliberations that she "was almost raped once myself". Because defendant was being tried for a sexual assault that included a charge of rape in the first degree (Penal Law § 130.35), the court was required to make a "probing and tactful inquiry" of the juror "in camera in the presence of the attorneys...

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