necessary and narrow exception (New York) · Go Syfert
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necessary and narrow exception in New York

7 New York opinions name it 4 courts 2000–2020 0 in the last five years

The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (10)

CaseFollowedCited
People v. Browngreen
ny · 1979 · cited in 7 New York opinions naming this issue, 2000–2020
2 sentences

2020"Generally, a jury verdict may not be impeached by probes into the jury's deliberative process; however, a showing of improper influence provides a necessary and narrow exception to the general proposition" ( People v Maragh , 94 NY2d 569, 573 [2000]; see People v Brown , 48 NY2d 388, 393 [1979]).

2017(See People v Brown, 48 NY2d 388 [1979]; People v Sprague, 217 NY 373 [1916]; Richardson on Evidence § 6-112.) A showing of improper influence provides a necessary and narrow exception to this general proposition. ( Brown at 393 .) Improper influence includes even “well-intentioned jury conduct which tends to put the jury in possession of evidence not introduced at trial.” (Id.) Criminal Procedure Law § 330.30 provides that a court may set aside a verdict, prior to sentencing, if there occurred improper conduct by a juror or by another person in relation to a juror which may have affected a su

67
People v. Maraghgreen
ny · 2000 · cited in 5 New York opinions naming this issue, 2011–2020
2 sentences

2020"Generally, a jury verdict may not be impeached by probes into the jury's deliberative process; however, a showing of improper influence provides a necessary and narrow exception to the general proposition" ( People v Maragh , 94 NY2d 569, 573 [2000]; see People v Brown , 48 NY2d 388, 393 [1979]).

2012Our judicial system has recognized the need to severely limit posttrial juror inquiries, because if these attacks on “solemnly made and publicly returned” verdicts were so readily allowed, “(jjurors would be harassed and beset by the defeated party in an effort to secure from them evidence of facts which might establish misconduct sufficient to set aside a verdict.” (McDonald v Pless, 238 US 264, 267 [1915].) In New York, “a jury verdict may not be impeached by probes into the jury’s deliberative process; however, a showing of improper influence provides a necessary and narrow exception to the

45
People v. Scerbogreen
nyappdiv · 2009 · cited in 2 New York opinions naming this issue, 2011–2011
2 sentences

2011As a general rule, “a jury verdict may not be impeached by probes into the jury’s deliberative process; however, a showing of improper influence provides a necessary and narrow exception to the general proposition” (People v Maragh, 94 NY2d 569, 573 ; see People v Brown, 48 NY2d 388, 393 ; People v Scerbo, 59 AD3d 1066, 1068 , lv denied 12 NY3d 821 ).

2011As a general rule, “a jury verdict may not be impeached by probes into the jury’s deliberative process; however, a showing of improper influence provides a necessary and narrow exception to the general proposition” (People v Maragh, 94 NY2d 569, 573 [2000]; see People v Brown, 48 NY2d 388, 393 [1979]; People v Scerbo, 59 AD3d 1066, 1068 [2009], lv denied 12 NY3d 821 [2009]).

12
People v. Giucagreen
nyappdiv · 2010 · cited in 1 New York opinions naming this issue, 2012–2012
1 sentence

2012Our judicial system has recognized the need to severely limit posttrial juror inquiries, because if these attacks on “solemnly made and publicly returned” verdicts were so readily allowed, “(jjurors would be harassed and beset by the defeated party in an effort to secure from them evidence of facts which might establish misconduct sufficient to set aside a verdict.” (McDonald v Pless, 238 US 264, 267 [1915].) In New York, “a jury verdict may not be impeached by probes into the jury’s deliberative process; however, a showing of improper influence provides a necessary and narrow exception to the

11
McDonald v. Plessgreen
scotus · 1915 · cited in 1 New York opinions naming this issue, 2012–2012
1 sentence

2012Our judicial system has recognized the need to severely limit posttrial juror inquiries, because if these attacks on “solemnly made and publicly returned” verdicts were so readily allowed, “(jjurors would be harassed and beset by the defeated party in an effort to secure from them evidence of facts which might establish misconduct sufficient to set aside a verdict.” (McDonald v Pless, 238 US 264, 267 [1915].) In New York, “a jury verdict may not be impeached by probes into the jury’s deliberative process; however, a showing of improper influence provides a necessary and narrow exception to the

11
People v. Irizarrygreen
ny · 1994 · cited in 1 New York opinions naming this issue, 2012–2012
1 sentence

2012Our judicial system has recognized the need to severely limit posttrial juror inquiries, because if these attacks on “solemnly made and publicly returned” verdicts were so readily allowed, “(jjurors would be harassed and beset by the defeated party in an effort to secure from them evidence of facts which might establish misconduct sufficient to set aside a verdict.” (McDonald v Pless, 238 US 264, 267 [1915].) In New York, “a jury verdict may not be impeached by probes into the jury’s deliberative process; however, a showing of improper influence provides a necessary and narrow exception to the

11
People v. Lewisgreen
nyappdiv · 1991 · cited in 1 New York opinions naming this issue, 2012–2012
1 sentence

2012Our judicial system has recognized the need to severely limit posttrial juror inquiries, because if these attacks on “solemnly made and publicly returned” verdicts were so readily allowed, “(jjurors would be harassed and beset by the defeated party in an effort to secure from them evidence of facts which might establish misconduct sufficient to set aside a verdict.” (McDonald v Pless, 238 US 264, 267 [1915].) In New York, “a jury verdict may not be impeached by probes into the jury’s deliberative process; however, a showing of improper influence provides a necessary and narrow exception to the

11
United States v. Sattargreen
nysd · 2005 · cited in 1 New York opinions naming this issue, 2012–2012
1 sentence

2012Our judicial system has recognized the need to severely limit posttrial juror inquiries, because if these attacks on “solemnly made and publicly returned” verdicts were so readily allowed, “(jjurors would be harassed and beset by the defeated party in an effort to secure from them evidence of facts which might establish misconduct sufficient to set aside a verdict.” (McDonald v Pless, 238 US 264, 267 [1915].) In New York, “a jury verdict may not be impeached by probes into the jury’s deliberative process; however, a showing of improper influence provides a necessary and narrow exception to the

11
People v. Friedgoodgreen
ny · 1983 · cited in 1 New York opinions naming this issue, 2012–2012
1 sentence

2012Our judicial system has recognized the need to severely limit posttrial juror inquiries, because if these attacks on “solemnly made and publicly returned” verdicts were so readily allowed, “(jjurors would be harassed and beset by the defeated party in an effort to secure from them evidence of facts which might establish misconduct sufficient to set aside a verdict.” (McDonald v Pless, 238 US 264, 267 [1915].) In New York, “a jury verdict may not be impeached by probes into the jury’s deliberative process; however, a showing of improper influence provides a necessary and narrow exception to the

11
People v. Davisgreen
nyappdiv · 2011 · cited in 1 New York opinions naming this issue, 2011–2011
1 sentence

2011“Generally, a jury verdict may not be impeached by probes into the jury’s deliberative process; however, a showing of improper influence provides a necessary and narrow exception to the general proposition” (People v Maragh, 94 NY2d 569, 573 [2000]; see People v Brown, 48 NY2d 388, 393 [1979]; People v Davis, 86 AD3d 59, 64 [2011], lv denied 17 NY3d 805 [2011]).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
People v. Scott neutral
ny · 2009
2 sentences

2011As a general rule, “a jury verdict may not be impeached by probes into the jury’s deliberative process; however, a showing of improper influence provides a necessary and narrow exception to the general proposition” (People v Maragh, 94 NY2d 569, 573 ; see People v Brown, 48 NY2d 388, 393 ; People v Scerbo, 59 AD3d 1066, 1068 , lv denied 12 NY3d 821 ).

2011As a general rule, “a jury verdict may not be impeached by probes into the jury’s deliberative process; however, a showing of improper influence provides a necessary and narrow exception to the general proposition” (People v Maragh, 94 NY2d 569, 573 [2000]; see People v Brown, 48 NY2d 388, 393 [1979]; People v Scerbo, 59 AD3d 1066, 1068 [2009], lv denied 12 NY3d 821 [2009]).

22011–2011
People v. . Sprague green
ny · 1916
1 sentence

2017(See People v Brown, 48 NY2d 388 [1979]; People v Sprague, 217 NY 373 [1916]; Richardson on Evidence § 6-112.) A showing of improper influence provides a necessary and narrow exception to this general proposition. ( Brown at 393 .) Improper influence includes even “well-intentioned jury conduct which tends to put the jury in possession of evidence not introduced at trial.” (Id.) Criminal Procedure Law § 330.30 provides that a court may set aside a verdict, prior to sentencing, if there occurred improper conduct by a juror or by another person in relation to a juror which may have affected a su

12017–2017
People v. Clark green
ny · 1993
1 sentence

2012Our judicial system has recognized the need to severely limit posttrial juror inquiries, because if these attacks on “solemnly made and publicly returned” verdicts were so readily allowed, “(jjurors would be harassed and beset by the defeated party in an effort to secure from them evidence of facts which might establish misconduct sufficient to set aside a verdict.” (McDonald v Pless, 238 US 264, 267 [1915].) In New York, “a jury verdict may not be impeached by probes into the jury’s deliberative process; however, a showing of improper influence provides a necessary and narrow exception to the

12012–2012
People v. Clanton green
ny · 2011
1 sentence

2011“Generally, a jury verdict may not be impeached by probes into the jury’s deliberative process; however, a showing of improper influence provides a necessary and narrow exception to the general proposition” (People v Maragh, 94 NY2d 569, 573 [2000]; see People v Brown, 48 NY2d 388, 393 [1979]; People v Davis, 86 AD3d 59, 64 [2011], lv denied 17 NY3d 805 [2011]).

12011–2011
Commission on Judicial Conduct v. Regan green
ny · 1984
1 sentence

2000Generally, a jury verdict may not be impeached by probes into the jury’s deliberative process; however, a showing of improper influence provides a necessary and narrow exception to the general proposition (see, People v Brown, 48 NY2d 388, 393 ; People v Testa, 61 NY2d 1008, 1009 ).

12000–2000

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