PEOPLE v. MARCHENA


303 A.D.2d 295 (2003)

759 N.Y.S.2d 3

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

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

Decided March 25, 2003.


There is no indication that a deliberating juror's impending airline flight had any effect on his ability to deliberate and render a verdict fairly and impartially. Jury deliberations continued past the scheduled time of the juror's flight, and the jury ultimately reached a verdict without incident. Defendant's claim that the impending flight had affected the juror's ability to reach a verdict is conjectural (cf. People v Agosto, 73 N.Y.2d 963

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