IN RE: STATE of New York (2021)

Court of Appeals of New York.

IN RE: STATE of New York, Appellant, v. DONALD G., Respondent.

No. 44 SSM 3

Decided: March 30, 2021

Letitia James, Attorney General, Albany (Frederick A. Brodie, Barbara D. Underwood and Andrea Oser of counsel), for appellant. Kaman, Berlove, Marafioti, Jacobstein & Goldman, LLP, Rochester (Gary Muldoon of counsel), for respondent.

OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order reversed, without costs, and order of Supreme Court, Cayuga County, reinstated. Under these circumstances, Supreme Court did not abuse its discretion as a matter of law in ordering a new trial in the interest of justice on the ground of juror misconduct. Respondent's remaining contentions have been considered and are without merit.

Chief Judge DiFiore and Judges Rivera, Stein, Fahey, Garcia and Wilson concur.

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