People v. Jacobson
| Decision Date | 01 July 1982 |
| Citation | 89 A.D.2d 826,452 N.Y.S.2d 473 |
| Parties | People v. Jacobson (Howard) NOS. 14029, 14030 |
| Court | New York Supreme Court — Appellate Division |
1st Dept.
JUDGMENT AFFIRMED.
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6 cases
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People v. Rukaj
... ... The dissenting juror testified as to the extremely heated nature of the deliberations. Chairs were "shuffled about" and one was even thrown at her. (Cf. People v. Lavender, 117 A.D.2d 253, 502 N.Y.S.2d 439, and People v. Jacobson, 109 Misc.2d 204, 440 N.Y.S.2d 458, aff'd. 89 A.D.2d 826, 452 N.Y.S.2d 473.) There was "static" and "violence", and some of the jurors cursed at her and harassed her. According to her testimony, the reasons for this harassment appeared to be predicated upon the fact that she didn't "look at ... ...
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People v. Lavender
... ... De Lucia, supra ) or of "second thoughts" by jurors is not present. In the instant case, a juror told the court about a genuine, perceived, physical coercion of herself by another juror ... The dissent cites People v. Jacobson, 109 Misc.2d 204, 440 N.Y.S.2d 458 (Sup.Ct., Bronx County, 1981) aff'd. 89 A.D.2d 826, 452 N.Y.S.2d 473 (1st Dept., 1982) lv. to appeal denied 57 N.Y.2d 781, 454 N.Y.S.2d 1057, 440 N.E.2d 1348 (1982) and Jacobson v. Henderson, 765 F.2d 12 (2d Cir., 1985). In both of those opinions (dealing with ... ...
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Jacobson v. Henderson
...the motion to vacate the judgment, the Appellate Division, First Department, affirmed the judgment and order. People v. Jacobson, 89 A.D.2d 826, 452 N.Y.S.2d 473 (1st Dep't 1982). The Court of Appeals denied petitioner leave to appeal. People v. Jacobson, 57 N.Y.2d 781, 454 N.Y.S.2d 1057, 4......
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People v. Anderson
... ... 11, the trial court should not have summarily determined that the defendant's right to a fair trial was not impaired ... Further, although verdicts resulting from even tumultuous and raucous deliberations have been upheld (see, e.g., People v. Jacobson, 109 Misc.2d 204, 440 N.Y.S.2d 458, affd. 89 A.D.2d 826, 452 N.Y.S.2d 473) and, in general, verdicts will be set aside only if they are the result of extraneous or outside influences affecting the deliberative process (see, People v. Brown, supra; People v. De Lucia, supra; People v. Lehrman, 155 ... ...
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