1250 Broadway, 27th Floor New York, NY 10001

SSHHH...THE JURY'S DELIBERATING

At the conclusion of a criminal trial, a judge up in Haverstraw (Rockland County New York), ordered the jury to remain in the courtroom. Not only would they deliberate in public, but the jurors were instructed to "ignore" any distractions or intrusions that the open courtroom might present. When the defendant was later found guilty of "attempted sexual misconduct and unlawful imprisonment in the second degree," he understandably appealed.

Without evidence that the trial judge's actions "infringed upon the secrecy and independence of the jury's deliberations," the Appellate Term, Second Department, could discern no reversible error. (Apparently, it was unclear whether court officers had been present, whether members of the public had access to the courtroom while the jury was deliberating, and whether anyone had "influenced or intruded" upon the deliberations.)

Sorry, but the jury's out on that one.

To view a copy of the Appellate Term's decision, please use the following link: People v. M.

Categories: