Page 31 - The People of the State of New York v. M. Robert Neulander - Brief for Amicus Curiae in Support of Defendant-Respondent

murder.

the sole holdout

credibility determinations."

for the defendant.

26

simply do not involve situations comparable to this.

Finally, the cases cited by the dissenting Justices of
defense alibi witness, suggesting that "the defendant was, if
characterizing him as "the scary person," i.e., the perpetrator of
defendant is denied his constitutional right to an impartial jury") (
aided by a message urging Juror 12 to convict him, nor by a message
prejudicial," a perspective that has nothing at all to do with the facts of
and the court held that there was "no basis for disturbing [the trial court]'s
In People v. Wilson, 93 A.D.3d 483,485 (1st Dep't 2012), a juror posted on
anything, aided by
In contrast, Mr. Neulander was certainly not
this case.
Facebook that she was serving on a jury, but did not discuss the case in any way.
People v. Irizarry, 83 N.Y.2d 557, 561-62 (1994), was a dual jury case,
517 (9th Cir. 1979) ("Even if 'only one juror is unduly biased or prejudiced,' the
913, 914 (1993), for example, the extrajudicial contact was between a juror and a
a well-publicized
the Fourth Department
The juror testified unequivocally that she was not affected by responsive postings,
participating in the same alleged crime as the defendant "is not deemed inherently
Here, in contrast, Juror 12 lost all credibility after she
whatever misconduct took place," and the particular juror was, at least for a while,
connection with the twelfthjuror herself); United States v. Eubanks, 591 F.2d 513,
citation omitted).
In People v. Clark, 81 N.Y.2d
and this Court held that a jury's awareness that a different person was convicted of