PEOPLE v. McKENZIE


281 A.D.2d 236 (2001)

721 N.Y.S.2d 649

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HENRY McKENZIE, Appellant.

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

Decided March 13, 2001.


Defendant's motion to set aside the verdict was properly denied after a thorough hearing. The court correctly determined that although the sequestered jury was inadvertently driven past the area where the crime occurred, there was no prejudice since the geography of the crime scene was not a disputed issue in the case. Unlike a juror's deliberate attempt to gather evidence by visiting a crime scene (see, People v De Lucia, 20 N.Y.2d 275...

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