[Download] "People State New York v. Samuel White" by Court of Appeals of New York " eBook PDF Kindle ePub Free
eBook details
- Title: People State New York v. Samuel White
- Author : Court of Appeals of New York
- Release Date : January 02, 1981
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
Following a jury trial, defendant was convicted of having robbed a grocery store. The Appellate Division reversed the conviction "on the law" because, in its view, the trial court had abused its discretion in permitting the jurors to view the scene of the crime after they had begun their deliberations. Since both parties had consented to the postsummation viewing, the Appellate Division declined to hold that the procedure was unauthorized per se (cf. CPL 270.50). Nevertheless, the court held that a retrial was required because a minor but material change had occurred in the layout of the grocery store since the time of the robbery. Because the conditions to which the jurors were exposed at the time of their viewing were not representative of the conditions that existed when the robbery took place, the Appellate Division concluded that defendants position had been seriously prejudiced.