Court of Appeals of New York

Court's supplemental instruction to a deadlocked jury deprived defendant of a fair trial; it over-emphasized the need to get a result, suggested that the jurors were failing in their duty, stressed that "something happened" in the case, presented jurors with the prospect of prolonged deliberations, and failed to caution jurors not to surrender their conscientiously held beliefs.

Appellate Information

• Decided 05/11/2004
• Published 05/11/2004

Judges

Court

• Court of Appeals of New York

Counsel

• For Appellant:
  
•  Robert Kruger, New York City, for appellant in first above-entitled action., Eliot Spitzer, Attorney-General, Albany (Barbara G. Billet,  Peter H. Schiff, Victor Paladino and Kathleen M. Treasure of counsel), for New York State Department of Health, for amicus curiae in the first above-entitled action., Robert, Lerner & Robert, Rockville Centre (Charles Robert and Joan Lensky Robert of counsel), for appellant in second above-entitled proceeding.,  Burchetta, Brofman & Hanley, Pomona (Sonia Crannage, of counsel), for NYSARC, Inc., for amicus curiae in second above-entitled proceeding.


• For Appellees:
  
• Alan D. Scheinkman, County Attorney of Westchester County, White Plains (Stacey Dolgin-Kmetz and Lea L. Bahl of counsel), for nonparty respondent in first above-entitled action., Robert J. Cimino, County Attorney of Suffolk County, Hauppauge (Paul G. Costello of counsel), for respondent in second above-entitled proceeding.