People v. Lewis, 80 N.Y.2d 1007 (1992)
A juror may be discharged even after deliberations have begun if the court finds the juror is grossly unqualified based on facts unknown during jury selection, but this determination must be based on concrete evidence, not speculation.
Summary
Lewis was convicted of robbery and attempted robbery. On the second day of deliberations, a juror expressed fear for her family’s safety after recognizing someone in the courtroom. The court questioned the juror and, learning the jury had reached a verdict on some counts the previous day, took a partial verdict on those counts and discharged the jury. The Court of Appeals affirmed the conviction, holding that the juror’s disqualification arose only after the first day of deliberations, making the partial verdict valid. The court emphasized that a juror’s disqualification must be based on concrete evidence, not speculation.
Facts
Defendant Lewis was tried with two codefendants and convicted of robbery in the first degree and three counts of attempted robbery in the first degree.
During the second day of jury deliberations, the court learned that at least one juror was experiencing a personal problem. A juror then sent a note expressing concern for her family’s safety because she recognized someone in the courtroom. The juror feared reprisal if the verdict was unfavorable to the defendants. The juror stated that her fear arose after the first day of deliberations ended. The defendant moved for a mistrial.
Procedural History
The trial court, after determining that the jury had reached a verdict on some counts at the end of the first day, took a partial verdict finding Lewis guilty of one count of robbery in the first degree and three counts of attempted robbery in the first degree. The jury did not reach a verdict on the remaining count of robbery in the first degree. The trial court then discharged the jury and denied the defendant’s motion for a mistrial. The Appellate Division affirmed the convictions, and the defendant appealed to the New York Court of Appeals.
Issue(s)
Whether the trial court erred in taking a partial verdict and discharging the jury after a juror expressed fear for her family’s safety, claiming she recognized someone in the courtroom, and stating her fear arose after the first day of deliberations.
Holding
No, because the juror’s disqualification arose only after the first day of deliberations, making the partial verdict valid, and the trial court properly terminated deliberations after determining the jury could not reach a verdict on all counts.
Court’s Reasoning
The Court of Appeals affirmed the Appellate Division’s order. The court cited CPL 270.35, which allows a juror to be discharged even after deliberations have begun if the court finds the juror is grossly unqualified based on facts unknown during jury selection. However, the court emphasized that under People v. Buford, 69 NY2d 290, 299, “In concluding that a juror is grossly unqualified, the court may not speculate as to possible partiality of the juror based on her equivocal responses. Instead, it must be convinced that the juror’s knowledge will prevent her from rendering an impartial verdict”. The court reasoned that because the juror stated she did not feel unable to continue deliberating until after the jury had been discharged on the first day, she was not grossly unqualified to participate in the first day’s deliberations. Therefore, the partial verdict was reached by a qualified and competent jury. Further, the court noted that having determined that the jury would be unable to reach a verdict on all counts, the trial court properly terminated the deliberations and ordered the jury to render a partial verdict under CPL 310.70 [1] [a].