While Brandon Banks was on trial for several counts of robbery, a victim of a "nearby and contemporaneous uncharged robbery" testified to the events that occurred at that other location.
After a New York County Supreme Court jury found him guilty, and sentenced him to a 7 year term, Banks appealed to the Appellate Division, First Department.
Since the uncharged robbery "overlapped in time" with the crimes charged, the AD1 thought they were all a "single event."
And, because the testimony in question helped the jury understand what transpired, the appellate court was of the view no reversible error had occurred.
A "one-word complement" uttered by a juror to a police witness in the courthouse's elevator wasn't seen as prejudicial, particularly since that juror represented that he hadn't yet reached an opinion as to Bank's guilt or innocence, that he remained impartial, and would adhere to the court's instructions.
Right.
To view a copy of the Appellate Division's decision, please use this link: People v. Banks