PEOPLE v. RIVERA


304 A.D.2d 841 (2003)

759 N.Y.S.2d 136

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ORLANDO RIVERA, Appellant.

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

Decided April 28, 2003.


Ordered that the judgments are reversed, on the law, and a new joint trial is ordered.

The Supreme Court erred in denying the defendant's postverdict motion pursuant to CPL 330.30 to set aside his convictions based on purported juror misconduct (see CPL 330.30 [2]). The defendant argued that he was denied his right to an impartial jury because one of the jurors, juror No. 7, harbored a preexisting opinion as to the defendant's guilt before the trial which was...

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