Charles v. Fischer
New York Court of Appeals
Charles v. Fischer, 46 N.Y.2d 753 (N.Y. 1978)
386 N.E.2d 256; 413 N.Y.S.2d 647; 1978 N.Y. LEXIS 2451
Charles v. Fischer
Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
We agree with the Appellate Division that the presence in the jury room of a noté written by a discharged alternate juror is, by itself, insufficient to require the setting aside of the jury’s verdict as a matter of law.
Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur in memorandum.
Order affirmed.
Reference
- Full Case Name
- Dion Charles, an Infant by His Parent and Natural Guardian, Noemi Carambot v. Adelaide Fischer
- Status
- Published