#COLLOQUY KAPLAN TRIAL#

The juror unequivocally declared that she had never been raped and stated that she could render an impartial verdict. Supreme Court properly denied defendant's mistrial motion. The Appellate Division affirmed and a Judge of this Court granted leave to appeal. The court denied defendant's subsequent motion to set aside the verdict and sentenced defendant as a second felony offender to an aggregate term of eight years' imprisonment. Upon further deliberation, the jury convicted defendant of attempted rape in the first degree and attempted sodomy in the first degree.

#COLLOQUY KAPLAN TRIAL#

The trial judge found that the juror was not grossly unqualified to serve and later declined to grant defendant's request for a mistrial. “the court: So when I asked you as a juror were you ever the victim of a crime, you answered no, and that is the truth? “the court: With anybody, were you ever the victim of a rape? “the court: You were not the victim of a rape? During that colloquy, the following exchange occurred:

When questioned in court, the foreperson explained that the jury had a concern that one of its members “should be excused from the jury for the simple fact that she said, on an occasion she was forced-forcibly raped by her boyfriend or at the time.” Supreme Court queried the juror who allegedly claimed to have been raped, and in response to the prosecutor's request for more specific inquiry, the court recalled the juror for further questioning. During deliberations, the trial judge received a note from the jury foreperson asking to speak to the judge. The order of the Appellate Division should be affirmed.ĭefendant was charged with rape in the first degree and related crimes stemming from a sexual assault perpetrated against a female victim. Johnson, District Attorney, Bronx (Jacob Kaplan, Joseph N. Kuby & Perez LLP, New York City (Ronald L. The PEOPLE of the State of New York, Respondent, v.

Colloquy kaplan