People v. Reader
| Decision Date | 21 September 2016 |
| Citation | 37 N.Y.S.3d 349,142 A.D.3d 1109,2016 N.Y. Slip Op. 06106 |
| Parties | The PEOPLE, etc., respondent, v. Jeffery READER, also known as Jeffrey Reader, appellant. |
| Court | New York Supreme Court — Appellate Division |
142 A.D.3d 1109
37 N.Y.S.3d 349
2016 N.Y. Slip Op. 06106
The PEOPLE, etc., respondent,
v.
Jeffery READER, also known as Jeffrey Reader, appellant.
Supreme Court, Appellate Division, Second Department, New York.
Sept. 21, 2016.
Lynn W.L. Fahey, New York, NY (Paul Skip Laisure of counsel; Florence Seaman on the brief), for appellant.
Michael E. McMahon, District Attorney, Staten Island, NY (Morrie I. Kleinbart and Anne Grady of counsel), for respondent.
MARK C. DILLON, J.P., JEFFREY A. COHEN, BETSY BARROS, and FRANCESCA E. CONNOLLY, JJ.
Appeal by the defendant from a judgment of the Supreme Court, Richmond County (Collini, J.), rendered June 24, 2013, convicting him of burglary in the third degree, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's contentions concerning the sufficiency of the Supreme Court's inquiry of the jury regarding alleged juror misconduct are unpreserved for appellate review (see CPL 470.05[2] ; People v. Knorr, 284 A.D.2d 411, 412, 728 N.Y.S.2d 169 ; People v. Albert, 206 A.D.2d 320, 322, 615 N.Y.S.2d 10, affd. 85 N.Y.2d 851, 623 N.Y.S.2d 848, 647 N.E.2d 1356 ). In any event, we find that the inquiry was sufficient to protect the defendant's right to a fair trial (see People v. Dombroff, 44 A.D.3d 785, 787, 843 N.Y.S.2d 421 ; People v. Knorr, 284 A.D.2d 411, 728 N.Y.S.2d 169 ; People v. Thom, 256 A.D.2d 481, 482, 683 N.Y.S.2d 279 ; People v. Simon, 224 A.D.2d 458, 458, 638 N.Y.S.2d 113 ; People v. Silvestre, 192 A.D.2d 563, 564–565, 596 N.Y.S.2d 109 ; People v. Sullivan, 167 A.D.2d 564, 565, 562 N.Y.S.2d 234 ).
Moreover, “ ‘the decision to declare a mistrial rests within the sound discretion of the trial court which is in the best position to determine if this drastic remedy is truly necessary to protect the defendant's right to a fair trial’ ” (People v. Knorr, 284 A.D.2d at 412, 728 N.Y.S.2d 169, quoting People v. Williams, 264 A.D.2d 745, 746, 696 N.Y.S.2d 55 ; see People v. Christian, 139 A.D.3d 870, 29 N.Y.S.3d 817 ; People v. Brown, 76 A.D.3d 532, 533, 904 N.Y.S.2d 911 ). The trial court's assessment as to whether juror misconduct warrants a mistrial is afforded great weight on appeal because of the court's unique position to observe the jurors (see People v. Dombroff, 44 A.D.3d at 787, 843 N.Y.S.2d 421 ; People v. Simon, 224 A.D.2d at 458, 638 N.Y.S.2d 113 ). “Because juror misconduct can take many forms, no ironclad rule of decision is possible” (People v. Dombroff, 44 A.D.3d at 787, 843 N.Y.S.2d 421 [internal quotation marks omitted] ). Here, the defendant failed to establish that a photograph...
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