PEOPLE v. PAYNE


45 A.D.3d 501 (2007)

847 N.Y.S.2d 165

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH PAYNE, Appellant.

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

Decided November 29, 2007.


The court properly denied defendant's motion to discharge a juror who had inadvertently encountered him in the hallway outside the courtroom as he was being escorted by two court officers. After conducting a thorough inquiry, the court properly determined, based upon the juror's demeanor and her responses to the questions posed, that the incident had no effect on her impartiality (see People v Rodriguez, 71 N.Y.2d 214, 219 [1988...

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