People v. Patrick Morgan


AD1 order dated January 6, 2015, affirming judgment of conviction. Decision below: 124 AD3d 406, 1 NYS3d 39. Manzanet-Daniels (AD Dissenter), J., granted leave May 7, 2015. (Taken off SSM.)
ISSUES PRESENTED: (1) Whether, after the previously deadlocked jury rendered a defective verdict that revealed its numerical split and the identity of the two jurors in the minority, the court, when ordering the jury to resume deliberations and reminding it that the verdict had to unanimous, wrongfully refused to include any language that jurors were not to surrender conscientious beliefs solely to achieve unanimity. (2) Whether, by refusing to grant the deliberating jury’s request to rehear the defense summation simply because it was not “evidence,” the court failed to exercise or at least abused its discretion; and whether defense counsel’s endorsement of the court’s refusal constituted ineffective assistance of counsel. (Assigned counsel: Susan H. Salomon & Robert S. Dean, Center for Appellate Litigation, 120 Wall Street, 28th Floor, NYC 10005.)