PEOPLE v. WELLS

No. 218.

15 N.Y.3d 927 (2010)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PETER WELLS, Appellant.

Court of Appeals of New York.

Decided December 14, 2010.


Attorney(s) appearing for the Case

Peter Wells , pro se, and Appellate Advocates, New York City ( Kendra L. Hutchinson and Lynn W.L. Fahey of counsel), for appellant.

Richard A. Brown , District Attorney, Kew Gardens ( Donna Aldea and Gary Fidel of counsel), for respondent.

Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur; Chief Judge LIPPMAN dissents in an opinion.


OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed.

At trial, after some but not all jurors had been sworn, and while voir dire was ongoing, one of the sworn jurors advised a court officer that there was important information he neglected to tell the court. When questioned, the juror revealed that he worked the night shift and would be coming to court directly...

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