PEOPLE v. MELENCIANO


281 A.D.2d 255 (2001)

721 N.Y.S.2d 537

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JESUS MELENCIANO, Appellant.

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

Decided March 15, 2001.


The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis upon which to disturb the jury's determinations concerning credibility.

The court was not obligated to discharge a juror who gave indications of a hope and/or expectation that deliberations would not continue overnight. The court conducted a suitable inquiry wherein the juror unequivocally stated that she was nevertheless willing to be sequestered...

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