People v. Corines

Appellate Division of the Supreme Court of New York

People v. Corines

295 A.D.2d 445, 743 N.Y.S.2d 314, 2002 N.Y. App. Div. LEXIS 5969

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 10, 2002

StatusPublished

Cited by4 cases

This text of 295 A.D.2d 445 (People v. Corines) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Corines, 295 A.D.2d 445, 743 N.Y.S.2d 314, 2002 N.Y. App. Div. LEXIS 5969 (N.Y. Ct. App. 2002).

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Opinion

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Blackburne, J.), rendered February 5, 2001, convicting him of unauthorized practice of medicine (four counts), upon a jury verdict, and imposing sentence.

Ordered that the matter is remitted to the Supreme Court, Queens County, to hear and report on the defendant’s motion pursuant to CPL 330.30 to set aside the verdict on an allegation of juror misconduct, and the matter is held in abeyance in the interim. The Supreme Court shall hear and report with all deliberate speed.

——The defendant has made a sufficient showing that one or more jurors who were employed in some capacity as medical professionals improperly influenced the other jurors by interjecting their inside knowledge and unique expertise into the jury deliberations. Under these circumstances, the [446]*446Supreme Court erred in not conducting a hearing on this issue (see People v Maragh, 94 NY2d 569; People v Irizarry, 83 NY2d 557; People v Testa, 61 NY2d 1008, 1009; People v Brown, 48 NY2d 388, 393; People v Durling, 303 NY 382). Accordingly, the Supreme Court is ordered to conduct a hearing and report its findings to this Court with all deliberate speed.

We decide no other issues at this time. Smith, J.P., O’Brien, H. Miller and Cozier, JJ., concur.

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—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Blackburne, J.), rendered February 5, 2001, convicting him of unauthorized practice of medicine (four counts), upon a jury verdict, and imposing sentence.

Ordered that the matter is remitted to the Supreme Court, Queens County, to hear and report on the defendant’s motion pursuant to CPL 330.30 to set aside the verdict on an allegation of juror misconduct, and the matter is held in abeyance in the interim. The Supreme Court shall hear and report with all deliberate speed.

——The defendant has made a sufficient showing that one or more jurors who were employed in some capacity as medical professionals improperly influenced the other jurors by interjecting their inside knowledge and unique expertise into the jury deliberations. Under these circumstances, the [446]*446Supreme Court erred in not conducting a hearing on this issue (see People v Maragh, 94 NY2d 569; People v Irizarry, 83 NY2d 557; People v Testa, 61 NY2d 1008, 1009; People v Brown, 48 NY2d 388, 393; People v Durling, 303 NY 382). Accordingly, the Supreme Court is ordered to conduct a hearing and report its findings to this Court with all deliberate speed.

We decide no other issues at this time. Smith, J.P., O’Brien, H. Miller and Cozier, JJ., concur.

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Bluebook (online)

295 A.D.2d 445, 743 N.Y.S.2d 314, 2002 N.Y. App. Div. LEXIS 5969, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-corines-nyappdiv-2002.

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