Split Panel Finds Judge Correct in Not Dismissing Upset Juror
A divided Manhattan appeals court affirmed a manslaughter conviction Tuesday, holding that the trial judge properly declined to dismiss a juror who said she could not "separate her emotions from the case."
January 27, 2016 at 06:00 AM
4 minute read
A divided Manhattan appeals court affirmed a manslaughter conviction Tuesday, holding that the trial judge properly declined to dismiss a juror who said she could not “separate her emotions from the case.”
A 3-1 panel of the Appellate Division, First Department, said Bronx Justice William Mogulescu's “urging her to continue deliberations with her fellow jurors, and to decide the facts and apply the law as it was given to her did not amount to coercion of a particular verdict.”
Joining in the unsigned ruling in People v. Spencer, 3817/09, were Justices David Saxe, Rosalyn Richter and Judith Gische.
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