PEOPLE v. PINKARD

871 KA 18-02212.

191 A.D.3d 1333 (2021)

140 N.Y.S.3d 341

2021 NY Slip Op 00726

The People of the State of New York, Respondent, v. Alvin Ray Pinkard, Sr., Appellant.

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

Decided February 5, 2021.


Attorney(s) appearing for the Case

LINDSEY M. PIEPER , ROCHESTER, FOR DEFENDANT-APPELLANT.

MICHAEL D. CALARCO , DISTRICT ATTORNEY, LYONS ( R. MICHAEL TANTILLO OF COUNSEL), FOR RESPONDENT.

Present—Centra, J.P., NeMoyer, Curran, Winslow and Bannister, JJ.


It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him upon a jury verdict of murder in the second degree (Penal Law § 125.25[1]), defendant contends that he was deprived of his constitutional right to an impartial verdict because the jurors submitted questions to County Court during the trial, and the court failed to inquire regarding potential juror misconduct, i.e., whether the...

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