PEOPLE v. KWAK


29 A.D.3d 385 (2006)

814 N.Y.S.2d 614

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. YOUNG MIN KWAK, Appellant.

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

May 16, 2006.


After a shot was fired in an adjacent courtroom, outside the jury's presence but possibly within its hearing, the court properly exercised its discretion in denying defendant's request for a mistrial, or for individual inquiries of the jurors (see People v Buford, 69 N.Y.2d 290, 298-299 [1987]). The court's instructions and its inquiry directed to the jury as a group were sufficient to avoid any prejudice. The incident had no connection...

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