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PEOPLE v. NEULANDER

No. 71.

34 N.Y.3d 110 (2019)

135 N.E.3d 302

111 N.Y.S.3d 259

2019 NY Slip Op 07521

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. M. ROBERT NEULANDER, Respondent.

Court of Appeals of New York.

Decided October 22, 2019.

Attorney(s) appearing for the Case

William J. Fitzpatrick , District Attorney, Syracuse ( James P. Maxwell and Melissa K. Swartz of counsel), for appellant.

Shapiro Arato LLP, New York City ( Alexandra A.E. Shapiro and Jacob S. Wolf of counsel), for respondent.

Kostelanetz & Fink, LLP, New York City ( Caroline Rule of counsel), and Hafetz & Necheles LLP, New York City ( Susan R. Necheles of counsel), for New York Council of Defense Lawyers, amicus curiae.

OPINION OF THE COURT

The issue before us is whether the undisputed juror misconduct in this case warrants a reversal of the judgment convicting Dr. Neulander of murder and evidence tampering. The Appellate Division concluded that the trial court abused its discretion by denying his CPL 330.30 motion to set aside the verdict...

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