The People of the State of New York, Respondent v. Kevin Clark, Appellant

Summary

The New York Court of Appeals affirmed the Appellate Division’s order, holding that the defendant failed to demonstrate that the juror’s contact with a potential alibi witness prejudiced his substantial rights, so his conviction stands. Justice Titone dissented, arguing the juror’s knowledge of the witness’s refusal to testify created unavoidable bias requiring reversal.