11 Cited authorities

  1. People v. Buford

    69 N.Y.2d 290 (N.Y. 1987)   Cited 426 times
    Holding that the trial court's reasons for its determination following a Buford inquiry should be placed on the record
  2. People v. Brown

    97 N.Y.2d 500 (N.Y. 2002)   Cited 186 times
    Cautioning that purely statistical arguments are "rarely conclusive in the absence of other facts or circumstances."
  3. People v. Chestnut

    2012 N.Y. Slip Op. 4375 (N.Y. 2012)   Cited 12 times

    2012-06-7 The PEOPLE of the State of New York, Respondent, v. Kevin CHESTNUT, Appellant. Appellate Advocates, New York City (William G. Kastin and Lynn W.L. Fahey of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens (Jennifer Hagan and John M. Castellano of counsel), for respondent. JONES Appellate Advocates, New York City (William G. Kastin and Lynn W.L. Fahey of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens (Jennifer Hagan and John M. Castellano

  4. People v. Matiash, Matiash

    197 A.D.2d 794 (N.Y. App. Div. 1993)   Cited 18 times

    October 28, 1993 Appeal from the County Court of Sullivan County (Battisti, Jr., J.). Mahoney, J. The primary issue on appeal in this jointly tried assault prosecution, involving the bizarre beating and partial castration of a man defendants believed was having an affair with defendant William Matiash's estranged wife, is whether County Court's failure to interrogate two jurors regarding a particular lunchtime conversation they had constitutes reversible error. A review of the record establishes

  5. People v. Shaw

    43 A.D.3d 685 (N.Y. App. Div. 2007)   Cited 1 times

    No. 1431. September 13, 2007. Judgment, Supreme Court, New York County (Bonnie G. Wittner, J.), rendered January 3, 2005, convicting defendant, after a jury trial, of rape in the first degree and burglary in the second and third degrees, and sentencing him, as a second vio lent felony offender, to an aggregate term of 20 to 40 years, unanimously reversed, on the law, and the matter remanded for a new trial. Robert S. Dean, Center for Appellate Litigation, New York (Carl S. Kaplan of counsel), for

  6. People v. Cosby

    271 A.D.2d 353 (N.Y. App. Div. 2000)   Cited 5 times

    April 25, 2000. Judgment, Supreme Court, Bronx County (Phylis Skloot Bamberger, J., at hearing; William Donnino, J., at jury trial and sentence), rendered March 29, 1994, convicting defendant of murder in the second degree and criminal possession of a weapon in the second degree, and sentencing him to concurrent terms of 25 years to life and 5 to 15 years, respectively, unanimously affirmed. Yael V. Levy, for respondent. Joel A. Brenner, for defendant-appellant. WILLIAMS, J.P., MAZZARELLI, RUBIN

  7. People v. McClenton

    213 A.D.2d 1 (N.Y. App. Div. 1995)   Cited 9 times
    In People v. McClenton (213 AD2d 1, appeal dismissed 88 NY2d 872), where the trial court declined to conduct an inquiry of a deliberating juror who wrote a note which indicated that the juror's discharge might be required, this Court concluded that an inquiry should have been conducted by the trial court.
  8. People v. Edward Gonzalez

    232 A.D.2d 204 (N.Y. App. Div. 1996)   Cited 5 times

    October 8, 1996. Judgment, Supreme Court, New York County (Edward McLaughlin, J.), rendered April 23, 1993, convicting defendant, after a jury trial, of two counts of robbery in the second degree, and sentencing him, as a second felony offender, to concurrent terms of 6½ to 13 years, unanimously affirmed. Before: Murphy, P.J., Sullivan, Rubin, Ross and Nardelli, JJ. The trial court properly admitted both the physical evidence recovered and police testimony that it was recovered either from defendant

  9. People v. Negron

    136 A.D.2d 523 (N.Y. App. Div. 1988)   Cited 10 times

    January 28, 1988 Appeal from the Supreme Court, New York County (Eugene Nardelli, J.). In substance, on April 5, 1984, the defendant was arrested after allegedly being observed by the police making an illegal narcotic sale. Thereafter, by a three-count indictment, filed April 19, 1984, defendant was charged by a New York County Grand Jury with the crimes of a criminal sale of a controlled substance in the third degree (Penal Law § 220.39), criminal possession of a controlled substance in the third

  10. People v. Saunders

    120 Misc. 2d 1087 (N.Y. Sup. Ct. 1983)   Cited 5 times
    In People v. Saunders, 120 Misc.2d 1087, 467 N.Y.S.2d 110, 113 (1983), the court stated that the jury's actions in ignoring the judge's admonition not to discuss the case prior to deliberations violated the "defendant's right to have his guilt or innocence determined by a jury of twelve persons deliberating as one....