“Cutie”

August 15, 2011

  • 230 Jury
  • 230VI Impaneling for Trial, and Oath
  • 230k149 Discharge of Juror or Jury Pending Trial.

230 JuryJuror note sent during deliberations, asking for the opportunity to thank all concerned for privilege of serving, mentioning breakup of her marriage and her view that the male lawyer who sat in second chair at the prosecution table was a “Cutie,” and asking to be given that lawyer’s telephone number when trial was over, did not require the juror’s disqualification; trial judge interviewed the juror in counsel’s presence, explained to her that the note was inappropriate, and obtained her assurance that nothing, including her favorable impression of a prosecutor, would prevent her from being fair to both sides.
People v. Lewie, 2011 WL 2222314 (N.Y. June 9, 2011)