PEOPLE v. MEMBERS

KA 08-02020.

100 A.D.3d 1543 (2012)

954 N.Y.S.2d 374

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TYRONE L. MEMBERS, Appellant.

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

November 16, 2012.


It is hereby ordered that the judgment so appealed from is unanimously reversed on the law and a new trial is granted.

Memorandum: On appeal from a judgment convicting him following a jury trial of, inter alia, two counts of murder in the second degree (Penal Law § 125.25 [1]), defendant contends that County Court improperly accepted the verdict from 11 jurors. Shortly before 6:00 p.m. on a Friday, after the parties were released for a dinner break, the jury...

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