People v. Dotson
Court: Appellate Division of the Supreme Court of the State of New York; March 12, 1998; New York; State Appellate Court
Judgment unanimously reversed and a new trial granted due to the County Court’s failure to properly investigate a juror's disclosure during deliberations regarding her past experience of an attempted rape. The defendant was charged with sexual assault, including first-degree rape under Penal Law § 130.35, necessitating a thorough inquiry into the juror's qualifications. The court was required to conduct this inquiry in camera, in the presence of the attorneys and the defendant, to determine whether the juror was "grossly unqualified" (referencing People v Buford, 69 NY2d 290, 299; CPL 270.35). The absence of such an inquiry led to an erroneous assumption about the juror's qualifications, which is deemed speculative. This error is not subject to harmless error analysis (citing People v Anderson, 70 NY2d 729, 730), necessitating the reversal of the judgment and the granting of a new trial. Although the court's charge on the presumption of innocence was not deemed reversible error, it is recommended that the language conform to the pattern jury charge (1 CJI[NY] 3.05). The remaining arguments from the defendant were considered and found to lack merit. The appeal was from the judgment of Monroe County Court, presided over by Judge Maloy, concerning a charge of first-degree rape. The decision was made by Justices Pine (J.P.), Wisner, Callahan, Boehm, and Fallon.