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Snediker v. County of Orange

Lawrence Snediker v. County of Orange

Snediker v. Cnty. of Orange, 444 N.E.2d 981 (N.Y. 1982)
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Court
New York Court of Appeals · State Highest Courts
Decided
November 16, 1982
Citations
444 N.E.2d 98158 N.Y.2d 647458 N.Y.S.2d 5171982 N.Y. LEXIS 3890

Opinion of the Court

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*649 OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

Though, in the spirit of Alford v Sventek ( 53 NY2d 743, 745 ), the oral communication from the juror to the Trial Judge, and the communication between the juror and the clerk regarding the juror’s wife’s desire that the juror telephone her, should have been conveyed to counsel, we agree with the Appellate Division that, in light of the undisputed nature of these communications, no prejudice resulted. Moreover, on the record of this case, there was no showing of the “substantial risk of prejudice” necessary to warrant the granting of the motion to set aside the verdict (see People v Brown, 48 NY2d 388, 394 ).

Furthermore, the hearing Judge properly ruled that the thought processes of the jurors should not be invaded by questions concerning the possibility that their fellow juror’s prospective inability to keep his appointment had operated as an “exterior influence” affecting their votes. Indeed, since the circumstances to which the motion was directed were based on little more than speculation as to the possibility of prejudice, no testimonial inquiry of the jurors should have been undertaken at all (see People v Holmes, 72 AD2d 1, 6 ; Cangilos v Schermerhorn, 41 AD2d 780, 781 ).

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), order affirmed, with costs, in a memorandum.

How later courts describe this case

Explanatory parentheticals written by citing courts — 3 in all; the most informative distinct ones are shown.

Cited by 21 cases

View all citing references →
1983: 21985: 11988: 11989: 11990: 11991: 11992: 11994: 11997: 11999: 12001: 12004: 12006: 12009: 12012: 12013: 22015: 12024: 12025: 119832026peak 1983 · 2

Relies on it most ⓘ

  1. Guy v. Vieth754 S.W.2d 601 (Tenn. 1988)
  2. People v. Rhodes92 A.D.2d 744 (1983)
  3. Samuels v. American Cyanamid Co.130 Misc. 2d 175 (N.Y. Sup. Ct. 1985)
  4. Moisakis v. Allied Building Products Corp.265 A.D.2d 457 (1999)
  5. Nicolla v. Fasulo161 A.D.2d 966 (1990)
  6. Maione v. Pindyck32 A.D.3d 827 (2006)

Most recent

  1. Tuckett v. State of New York2025 NY Slip Op 03099 (N.Y. 2025)
  2. M.M. v. Weissler2024 NY Slip Op 51680(U) (N.Y. Sup. Ct., Westchester Cty. 2024)
  3. BORYSZEWSKI, DAVID K. v. HENDERSON, JOHN E.129 A.D.3d 1465 (2015)
  4. Varano v. FORBA Holdings, LLC42 Misc. 3d 303 (N.Y. Sup. Ct. 2013)
  5. State v. Donald DD.107 A.D.3d 1062 (2013)
  6. Swartz v. St. Mary's Hospital of Amsterdam101 A.D.3d 1273 (2012)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 4

DepthCaseCited by
People v. Brown, 399 N.E.2d 51 (N.Y. 1979) 203
Alford v. Sventek, 421 N.E.2d 831 (N.Y. 1981) 38
People v. Holmes, 72 A.D.2d 1 (1979) 10
Cangilos v. Schermerhorn, 41 A.D.2d 780 (1973) 3

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