green
Positive treatment
Issue: probing and tactful inquiryNY ↗
Issue: juror defenseNY ↗
Issue: core of each defenseNY ↗
11.1 score
Top citers, strongest first. 3 distinct citers.
How cited ↗
discussed
Cited as authority (rule)
People v. Cowan
"If at any time after the trial jury has been sworn and before the rendition of its verdict, . . . the court finds, from facts unknown at the time of the selection of the jury, that a juror is grossly unqualified to serve in the case . . . , the court must discharge such juror" ( id. § 270.35[1]). "[E]ach case must be evaluated on its unique facts to determine whether a particular juror must be disqualified under CPL 270.35" ( People v Buford , 69 NY2d 290, 299 ). "[T]he trial court must question each allegedly unqualified juror individually in camera in the presence of the attorneys and defe…
discussed
Cited as authority (rule)
People v. Bruno
In People v Mahboubian, 74 NY2d 174, 183 .-184 [1989], the Court of Appeals, while recognizing that "[s]ome degree of prejudice is of course inherent in every joint trial," provided that "severance is compelled where the core of each defense is in 1rreconcilable conflict with the other and where there is a significant danger, as both defenses are portrayed to the trial court, that 15 [* 15] the conflict alone would lead the jury to infer defendant's guilt" (see People v Cardwell, 78 NY2d 996, 997-998 [1991]; People v Perry, 194 AD3d 849 , 850 [2d Dept 2021], Iv. denied 3iNY3d 1098 [2021]; Peop…
discussed
Cited "see"
People v. Dean
While the Legislature sought, through this amendment, to eliminate any ambiguity and create a bright-line rule that required a "reasonably thorough inquiry" prior to a determination of a juror's unavailability and discharge (CPL 270.35[2][a]; see People v Jeanty , 94 NY2d 507, 511 ; People v Page , 72 NY2d 69, 73 ), the Legislature also included the additional requirement that defense counsel and the People shall be given an opportunity to be heard prior to the discharge of a juror ( see CPL 270.35[2][b]; see generally Letter from NY Assembly, Bill Jacket, L 1996, ch 630 at 5). "[E]ach case mu…
Retrieving the full opinion text from the archive…
The People of the State of New York, Respondent,
v.
Herby Jean, Appellant
v.
Herby Jean, Appellant
2014-01409.
Appellate Division of the Supreme Court of the State of New York.
Mar 15, 2017.
Rivera, Hall, Austin, Lasalle.
Published
Application by the appellant for a writ of error coram nobis to vacate, on the ground of ineffective assistance of appellate counsel, a decision and order of this Court dated July 1, 2015 (People v Jean, 130 AD3d 649 [2015]), affirming a judgment of the Supreme Court, Nassau County, rendered January 28, 2014.
Ordered that the application is denied.
The appellant has failed to establish that he was denied the effective assistance of appellate counsel (see Jones v Barnes, 463 US 745 [1983]; People v Stultz, 2 NY3d 277 [2004]).
Rivera, J.P, Hall, Austin and LaSalle, JJ., concur.