Page 22 - The People of the State of New York v. M. Robert Neulander - Brief for Amicus Curiae in Support of Defendant-Respondent

People v.
evidence of
their brief

his right to a fair trial.
guilt presented at trial."
misconduct, evidence of
to a discussion of
escape the necessary result of

overwhelming, can never be

to a fair trial is self-standing and
17
defendant's guilt is legally sufficient."
People's Br. at 18.
permitted
proof
the evidence at trial.
of
Thus, where a defendant has been deprived of
disregarded in connection with a motion under CPL § 330.30(2).
Townsend, 111 A.D.2d 636,640 (1st Dep't 1985) (same). 5
the defendant's guilt is irrelevant.
The sufficiency of
Id. at 44-57.
as to have operated to deny any individual defendant his
Juror 12's cumulative misdeeds-
guilt, however
to negate this right.
whether the errors contributed to the defendant's conviction.
weighing apples against oranges; as demonstrated in Crimmins, proof
evidence of
and grant a new trial, quite without regard to any evaluation as to
of
right to a fair trial, the reviewing court must reverse the conviction
People v. Estella, 68 A.D.3d 1155, 1158 (3d Dep't 2009) (same); People v.
a new trial -
fundamental
a fair trial through juror
The right
5 Similarly, in People v. Ventura, 66 N.Y.2d 693,695 (1985), this Court clarified that, in a
arguing that her misconduct "is significantly outweighed by substantial proof
previous case, "In no respect did we imply that a CPL 330.30(1) motion must be denied . . .
Crimmins, 36 N.Y.2d 230, 237-38 (1975) (emphases added); see also
by
of
In People v. Giarletta, 72 A.D.3d 838 (2d Dep't 2010), the court ordered a
if
12, "by communicating with her sister via text message and cell phone during the
new trial when a juror disregarded the court's instructions in ways very like Juror
guilt can
But the People are
guilt must be
Here, the People try to
Indeed, the People devote 13 pages of
do nothing to "outweigh" a juror's flagrant misconduct that deprives a defendant of