Washington Law Review




Defendants were convicted of attempted burglary in the third degree and possession of burglar's instruments. Their counsel moved for a new trial, on his own affidavit, deposing that certain jurors had told him of an unauthorized visit during the trial to the scene of defendants' alleged crime, apparently in order to better understand the evidence. Denial of defendants' motion for a new trial was affirmed by the Appellate Division of the Supreme Court, and—on appeal to the New York Court of Appeals—again affirmed. Held: Affidavit of defense counsel that certain jurors had reported an unauthorized visit during a trial to the scene of the alleged crime is not such competent proof of jury misconduct as to require a new trial. People v. DeLucia, 15 N.Y. 2d 294, 206 N.E.2d 324, 258 N.Y.S.2d 377, cert. denied, 382 U.S. 821 (1965.)

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