A divided Fourth Department has held that Cattaraugus County Judge Larry M. Himelein erred in declining to set aside a sexual abuse conviction where two jurors, a social services caseworker and a substance abuse counselor, improperly "interjected their professional knowledge into the jury deliberations."
December 29, 2011 at 12:00 AM
1 minute read
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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