PEOPLE v. GIBIAN

2007-01192

76 A.D.3d 583 (2010)

907 N.Y.S.2d 226

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ZACHARY R. GIBIAN, Appellant.

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

Decided August 10, 2010.


Ordered that the judgment is reversed, on the law, and the matter is remitted to the Supreme Court, Suffolk County, for a new trial.

The defendant identifies three significant grounds for reversal of his conviction; to wit: the preclusion, on hearsay grounds, of statements purportedly made by the defendant's mother; juror misconduct during deliberations; and the summary curtailment of defense counsel's closing statement.

The trial court erred in precluding...

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