PEOPLE v. ALEXANDER

10200, 3007/08.

176 A.D.3d 598 (2019)

111 N.Y.S.3d 298

2019 NY Slip Op 07715

The People of the State of New York, Respondent, v. Devin Alexander, Appellant.

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

Decided October 29, 2019.


Attorney(s) appearing for the Case

Christina A. Swarns , Office of the Appellate Defender, New York ( Joseph M. Nursey of counsel), for appellant.

Darcel D. Clark , District Attorney, Bronx ( Shera Knight of counsel), for respondent.

Concur—Richter, J.P., Gische, Tom, Gesmer, Moulton, JJ.


On the second day of jury deliberations, a Friday, the jury sent the court its sixth note, stating that "Jurors 4, 7 and 10 cannot continue further with this case." The court spoke with each of these three jurors individually and ascertained from all three, in essence, that they were concerned because they were not being paid by their employers for the days that they spent serving on the jury.

Notwithstanding numerous specific requests by defense counsel, the court...

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