People v. Rivera, 26 N.Y.2d 304 (1970)

When potentially prejudicial information comes to the attention of jurors outside of the courtroom, the trial judge is required to take appropriate steps to ensure that the jurors have not been exposed to or prejudiced by such accounts.

Summary

Jose Rivera was convicted of selling and possessing marijuana. He appealed, arguing that jurors were improperly exposed to information about another pending indictment against him for a similar crime due to a courtroom calendar posted outside the door. The New York Court of Appeals reversed the conviction, holding that the trial judge erred by failing to investigate whether the jurors had been prejudiced by the information on the calendar after the defense attorney brought it to the court’s attention. The court emphasized the importance of ensuring that jurors base their verdicts solely on evidence presented at trial.

Facts

Jose Rivera was on trial for selling and possessing marijuana. A calendar was posted on the courtroom door listing six cases scheduled for trial. The calendar included two entries concerning Rivera, indicating he had another indictment pending against him for violating the same sections of the Penal Law. Jurors had to pass by this calendar to enter the courtroom. The defendant’s attorney informed the court that the defendant and a witness observed jurors looking at the calendar and overheard them discussing Rivera’s name in connection with the listed charges.

Procedural History

Rivera was convicted at trial. His attorney moved for a mistrial based on the jury’s potential exposure to the information on the courtroom calendar, but the trial court denied the motion without further inquiry. Rivera appealed his conviction to the New York Court of Appeals.

Issue(s)

Whether the trial court erred in denying the defendant’s motion for a mistrial without conducting an inquiry into whether the jurors were prejudiced by seeing a court calendar that indicated the defendant was facing another, similar charge.

Holding

Yes, because when prejudicial material comes to the attention of jurors outside of the courtroom, the trial judge is required to take appropriate steps to ensure the jurors have not been exposed to or prejudiced by such accounts.

Court’s Reasoning

The Court of Appeals reasoned that the trial court had a duty to investigate the potential prejudice to the defendant when it was brought to the court’s attention that jurors may have seen the calendar indicating a pending, similar charge against Rivera. The court noted that it would have been gross error to admit evidence of the other indictment during the trial itself. The court stated that, “when, as in the present case, prejudicial material has come to the attention of jurors outside of the courtroom, the harm to the defendant is at least as great, and it has been uniformly held that the trial judge ‘is required to take appropriate steps to insure that the jurors [have] not been exposed to or prejudiced by such accounts.’” The court distinguished this case from others where convictions were upheld despite jurors potentially discovering inadmissible facts, noting that in those cases, the trial judge had questioned the jurors and determined their impartiality. The court emphasized that the trial judge in Rivera’s case did nothing to ascertain whether the jurors could rely solely on the evidence presented at trial. The court found that the failure to investigate and admonish the jury was serious error and warranted a new trial. The court also addressed another argument raised by the defendant regarding the admissibility of his address given to police, finding that asking a suspect for their name and address is a reasonable inquiry and not subject to Miranda warnings.