[DOWNLOAD] "People State New York v. Rudolph Gene Testa" by Court of Appeals of New York " eBook PDF Kindle ePub Free

eBook details

Title: People State New York v. Rudolph Gene Testa
Author : Court of Appeals of New York
Release Date : January 29, 1984
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 60 KB

Description

The issue on this appeal is whether the trial court abused its discretion as a matter of law in refusing to set aside the jurys verdict. This court has declined to fashion any concrete test for assessing claims for improper jury influence. "Because juror misconduct can take many forms, no ironclad rule of decision is possible. In each case the facts must be examined to determine the nature of the material placed before the jury and the likelihood that prejudice would be engendered" (People v Brown, 48 N.Y.2d 388, 394; see People v Pickett, 61 N.Y.2d 773; see, also, People v Lombardo, 61 N.Y.2d 97). Such an examination must be performed with caution, of course, for inquiry into the deliberative process for the purpose of impeaching a verdict should not be undertaken except in extraordinary circumstances (see People v Brown, supra, at p 393).