| Matter of State of New York v Donald G. |
| 2021 NY Slip Op 01935 [36 NY3d 1090] |
| March 30, 2021 |
| Court of Appeals |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, May 19, 2021 |
| In the Matter of State of New York, Appellant, v Donald G., Respondent. |
Decided March 30, 2021
Matter of State of New York v Donald G., 186 AD3d 1127, reversed.
Letitia James, Attorney General, Albany (Frederick A. Brodie, Barbara D. Underwood and Andrea Oser of counsel), for appellant.
Kaman, Berlove, Marafioti, Jacobstein & Goldman, LLP, Rochester (Gary Muldoon of counsel), for respondent.
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order reversed, without costs, and order of Supreme Court, Cayuga County, reinstated. Under these circumstances, Supreme Court did not abuse its discretion as a matter of law in ordering a new trial in the interest of justice on the ground of juror misconduct. Respondent's remaining contentions have been considered and are without merit.
Concur: Chief Judge DiFiore and Judges Rivera, Stein, Fahey, Garcia and Wilson.