New York Court of Appeals

The People of the State of New York, Respondent v. Michael Maragh, Appellant

May 9, 200094 N.Y.2d 569

Summary

The New York Court of Appeals reversed the Appellate Division and reinstated the County Court's order granting a new trial, holding that jurors' use of professional medical expertise to evaluate evidence and share conclusions with the jury constitutes juror misconduct that warrants setting aside the verdict under CPL 330.30. The Court also held that the defendant's failure to object at trial does not waive the misconduct claim.