PEOPLE v. BUTLER


258 A.D.2d 368 (1999)

686 N.Y.S.2d 372

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SAMUEL BUTLER, Appellant.

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

Decided February 23, 1999.


Five jurors were initially selected. During a subsequent round of jury selection, one venireperson, in the presence of others (including six who would ultimately be seated on this case), acknowledged that he was a veteran officer in the Department of Correction, and that he recognized defendant. Counsel sought a mistrial on the ground that this must have created the impression to all within earshot that defendant had a prior record. The trial court denied that motion, as...

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