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PEOPLE v. MARAGH

94 N.Y.2d 569 (2000)

729 N.E.2d 701

708 N.Y.S.2d 44

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL MARAGH, Appellant.

Court of Appeals of the State of New York.

Decided May 9, 2000.

Attorney(s) appearing for the Case

Benjamin Ostrer & Associates, P. C., Chester (Benjamin Ostrer of counsel), for appellant.

Francis D. Phillips, II, District Attorney of Orange County, Goshen (David R. Huey of counsel), for respondent.

Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK, WESLEY and ROSENBLATT concur.

OPINION OF THE COURT

BELLACOSA, J.

On this appeal, we must determine whether the use of personal professional expertise by jurors, communicated to the whole jury, constitutes juror misconduct affecting its guilty verdict so as to warrant a new trial. Jurors testified at a postverdict CPL 330.30 hearing that during deliberations they were informed of and influenced by two nurse-jurors' professional opinions...

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