PEOPLE v. ELIAS

2010-07147

90 A.D.3d 947 (2011)

934 N.Y.S.2d 811

2011 NY Slip Op 9344

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. AL ELIAS, Appellant.

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

Decided December 20, 2011.


Ordered that the judgment is affirmed.

After the second day of testimony at the defendant's trial, an alternate juror reported to a court officer that other jurors had made comments indicating they were discussing the case and had begun deliberating on the outcome. The trial court then conducted in camera interviews of every juror and alternate juror in the presence of the prosecutor, defense counsel, and the defendant, resulting in the dismissal of Juror Three on...

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