From Casetext: Smarter Legal Research

People v. Gonzalez

Appellate Division of the Supreme Court of New York, First Department
Nov 16, 1989
155 A.D.2d 310 (N.Y. App. Div. 1989)

Opinion

November 16, 1989

Appeal from the Supreme Court, New York County (Rose L. Rubin, J.).


The defendant's claim that the jury engaged in premature deliberations was not preserved for appellate review as a matter of law (CPL 470.05; People v Michael, 48 N.Y.2d 1, 6). In any event, the single question asked by the foreperson specifically referred to the exhibit being shown and there was no evidence of prior jury discussions or discussions relating to anything beyond that piece of evidence. The single question involved neither "sifting of facts" nor consideration of "`outside influences'". (People v Horney, 112 A.D.2d 841, 843.) Further, the court warned the jurors several times to keep an open mind and the jury is presumed to have followed these instructions. (People v Davis, 58 N.Y.2d 1102.) Finally, any error herein would be considered harmless (People v Crimmins, 36 N.Y.2d 230).

Concur — Murphy, P.J., Sullivan, Kassal, Wallach and Smith, JJ.


Summaries of

People v. Gonzalez

Appellate Division of the Supreme Court of New York, First Department
Nov 16, 1989
155 A.D.2d 310 (N.Y. App. Div. 1989)
Case details for

People v. Gonzalez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NESTOR GONZALEZ…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Nov 16, 1989

Citations

155 A.D.2d 310 (N.Y. App. Div. 1989)
547 N.Y.S.2d 282

Citing Cases

People v. Wright

Were we to consider it, we would find it unavailing, since the allegation that the 11 jurors may have…

People v. Woods

Moreover, the other items recovered during the search of the defendant's vehicle should have been suppressed.…