PEOPLE v. CASSELL


62 A.D.3d 1021 (2009)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAWHEAH CASSELL, Appellant.

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

Decided May 26, 2009.


Ordered that the judgment is reversed, on the law, and a new trial is ordered.

We grant a new trial based on the assumption of judicial functions by the trial court's law clerk and a court officer. During deliberations, a juror knocked on the jury room door and informed the court officer that she wanted to go home and did not want to continue deliberations. After the court officer escorted the juror outside of the building, where she remained for approximately 15...

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