Matter of State of New York v Donald G.
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Matter of State of New York v Donald G.
2021 NY Slip Op 01935
Decided on March 30, 2021
Court of Appeals
Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on March 30, 2021
No. 44 SSM 3
[*1]In the Matter of State of New York, Appellant,
v
Donald G., Respondent.
Submitted by Frederick A. Brodie, for appellant Submitted by Gary Muldoon, for respondent
Decided on March 30, 2021
No. 44 SSM 3
[*1]In the Matter of State of New York, Appellant,
v
Donald G., Respondent.
Submitted by Frederick A. Brodie, for appellant Submitted by Gary Muldoon, for respondent
On review of submissions pursuant to section 500.11 of the Rules, order reversed, without costs, and order of Supreme Court, Cayuga County, reinstated. Under these circumstances, Supreme Court did not abuse its discretion as a matter of law in ordering a new trial in the interest of justice on the ground of juror misconduct. Respondent's remaining contentions have been considered and are without merit. Chief Judge DiFiore and Judges Rivera, Stein, Fahey, Garcia and Wilson concur.
Decided March 30, 2021
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