Matter of State of New York v Donald G, 36 NY3d 1090 (2021)

2021 NY Slip Op 01935 [36 NY3d 1090]
March 30, 2021
Court of Appeals

[*1]

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.

{**36 NY3d at 1090} OPINION OF THE COURT

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.