A divided upstate appellate panel has overturned a sexual abuse conviction where two jurors—one a social services caseworker and the other a substance abuse counselor—improperly “interjected their professional knowledge into the jury deliberations.”

The Appellate Division, Fourth Department, held in People v. Jerge, 11-00536, that Cattaraugus County Judge Larry M. Himelein (See Profile) erred in declining to set aside the verdict for juror misconduct.

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