PEOPLE v. DAVIS

2008-08055.

86 A.D.3d 59 (2011)

924 N.Y.S.2d 132

2011 NY Slip Op 4489

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WARREN DAVIS, Appellant.

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

Decided May 24, 2011.


Attorney(s) appearing for the Case

Diane E. Selker , Peekskill, for appellant.

Janet DiFiore , District Attorney, White Plains ( Laurie Sapakoff , Richard Longworth Hecht , and Anthony J. Servino of counsel), for respondent.

ANGIOLILLO, J.P., BELEN and AUSTIN, JJ., concur.


OPINION OF THE COURT

HALL, J.

The principal issue on this appeal, stated narrowly, is whether a jury verdict may be impeached on the ground that the jury failed to apply the trial court's instructions on the law and, instead, relied on the "expertise" of a juror who was also an attorney, or, put another way, whether the alleged conduct of the lawyer-juror constituted "improper conduct" (see CPL 330.30 [2]). Resolving this issue highlights the difficulty...

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