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PEOPLE v. FLORES, 32 N.Y.3d 1087 (2018)

Court: Court of Appeals of New York Number: innyco20181213333 Visitors: 5
Filed: Dec. 13, 2018
Latest Update: Dec. 13, 2018
Summary: OPINION OF THE COURT MEMORANDUM. The order of the Appellate Division should be affirmed. The trial court committed reversible error by empaneling an anonymous jury. Assuming that trial courts may, under certain circumstances, anonymize jurors, here County Court acted without any factual predicate for the extraordinary procedure. Indeed, the trial court expressly based its decision to empanel an anonymous jury on anecdotal accounts from jurors in unrelated cases and, then, exacerbated the error
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OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed. The trial court committed reversible error by empaneling an anonymous jury. Assuming that trial courts may, under certain circumstances, anonymize jurors, here County Court acted without any factual predicate for the extraordinary procedure. Indeed, the trial court expressly based its decision to empanel an anonymous jury on anecdotal accounts from jurors in unrelated cases and, then, exacerbated the error by taking "no steps to lessen the potential prejudice" to defendants (153 A.D.3d 182, 193 [2d Dept 2017]).

Chief Judge DIFIORE and Judges RIVERA, STEIN, FAHEY, GARCIA, WILSON and FEINMAN concur.

Order affirmed, in a memorandum.

Source:  Leagle

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