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DEFENDANT’S MOTION TO SET ASIDE THE VERDICT, BASED UPON A JUROR’S KNOWLEDGE AND CONDUCT, SHOULD NOT HAVE BEEN DENIED WITHOUT A HEARING (FOURTH DEPT).

The Fourth Department determined defendant’s motion to set aside the verdict, based upon a connection between a juror and defendant’s mother, should not have been denied without a hearing:

… [T]he court erred in summarily denying his motion to set aside the verdict pursuant to CPL 330.30 (2). The sworn allegations in support of defendant’s motion, including those in the affidavit of his mother, indicated that a juror may have had an undisclosed, potentially strained relationship with the mother resulting from attending high school and working together, possibly knew about defendant’s criminal history, and purportedly attempted to speak with the mother’s husband during a lunch break at trial, and that the alleged misconduct was “not known to the defendant prior to rendition of the verdict” … . We conclude that the allegations ” required a hearing on the issue whether the juror’s alleged misconduct prejudiced a substantial right of defendant’ ” … . We therefore hold the case, reserve decision and remit the matter to County Court to conduct a hearing on defendant’s CPL 330.30 motion. People v Blunt, 2019 NY Slip Op 05917, Fourth Dept 7-31-19

 

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DEFENDANT’S PROBATION SHOULD NOT HAVE BEEN REVOKED ABSENT A HEARING OR... A COURT MAY CONVERT A MOTION TO DISMISS TO A MOTION FOR SUMMARY JUDGMENT WITHOUT...