1.
SM JUROR presents our analysis of:
The trial court’s denial of a request for an in camera inspection, to unlock a
juror’s state of mind to prove juror bias, was reversible error.
People v. Kuzdzal, 144 A.D.3d 1618, 42 N.Y.S.3d 507 (N.Y. App. Div. 2016).

2.
People v. Kuzdzal, 144 A.D.3d 1618, 42
N.Y.S.3d 507 (N.Y. App. Div. 2016).

3.
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4.
This presentation is brought to you by Nilgün Aykent Zahour, Esq.
Nilgün Aykent Zahour is the President and Founding Attorney
of SM JUROR. With over twenty-eight years of litigation
experience, her passion is to help attorneys identify, preserve
and advance juror misconduct issues at trial and on appeal in
this constantly evolving area of the law. Don’t let juror
misconduct taint your verdict, especially when a juror uses
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5.
Facts:
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Defendant was charged with second degree murder
for depraved indifference killing of a child less than 11
years old and predatory sexual assault against the
child. A trial spectator, who was one of the
defendant’s friends, reported that she overheard two
jurors call the defendant a “scumbag.” When called to
the witness stand, she identified the two jurors.
Defense counsel asked the court to perform an inquiry
of the two jurors while the prosecutor asked the court
to determine whether the spectator’s description was
credible. Without any explanation on the record, the
court denied defendant’s request, as it did not believe an inquiry of the juror was
necessary based on what it heard. The jury convicted the defendant.
“SCUMBAG!”

6.
A juror’s state of mind can prevent the rendering of an
impartial verdict:
Copyright 2017 - SM JUROR
“The standard for discharging a sworn juror is satisfied ‘when it becomes obvious
that a particular juror possesses a state of mind which would prevent the
rendering of an impartial verdict’” People v. Kuzdzal, 144 A.D.3d 1618, 1620, 42
N.Y.S.3d 507, 510 (N.Y. App. Div. 2016).
“There is a well-established framework by which the court must evaluate a sworn
juror who, for one reason or another, may possess such a state of mind.” Id.

7.
Making a proper determination of a juror’s state of mind:
Copyright 2017 - SM JUROR
“To make a proper determination, the court ‘must question each
allegedly unqualified juror individually in camera in the presence
of the attorneys and defendant.’” People v. Kuzdzal, 144 A.D.3d
1618, 1620, 42 N.Y.S.3d 507, 510 (N.Y. App. Div. 2016).
“In a probing and tactful inquiry, the court should evaluate the
nature of what the juror has seen, heard, or has acquired
“During the inquiry, ‘the court should carefully consider the juror's answers and
demeanor to ascertain whether [his or] her state of mind will affect [his or] her
deliberations’. That accomplished, the court must place the reasons for
its ruling on the record.” Id.
knowledge of, and assess its importance and its bearing on the case.” Id.

8.
The trial court must hold an inquiry when there is a possibility
of juror bias and place the reasons for its ruling on the record:
Copyright 2017 - SM JUROR
“Not only does the court's failure to hold an inquiry under such circumstances
constitute reversible error, but its failure to place the reasons for its ruling on the
record also constitutes reversible error. Such errors are not subject to harmless
error analysis.” Id., at 1620, 511.
It has been emphasized repeatedly that “ ‘each case must be evaluated on its
unique facts’” (quoting People v. Buford, 69 N.Y.2d at 299, 514 N.Y.S.2d 191, 506
N.E.2d 901). To that end, the court must hold a Buford inquiry whenever there
are facts indicating the possibility of juror bias, and must not base its ruling on
speculation.” People v. Kuzdzal, 144 A.D.3d 1618, 1620, 42 N.Y.S.3d 507, 510 (N.Y.
App. Div. 2016).

9.
The court’s ruling that an inquiry was not necessary was
conclusory:
Copyright 2017 - SM JUROR
“We respectfully disagree with our dissenting colleagues that the court lacked
sufficient credible information indicating the possibility of juror bias. The court's
ruling that an inquiry was not ‘necessary or appropriate’ was conclusory and,
contrary to the People's contention, did not constitute an implied determination
that the observer's testimony was incredible.” People v. Kuzdzal, 144 A.D.3d 1618,
1621, 42 N.Y.S.3d 507, 511 (N.Y. App. Div. 2016).

10.
Holding:
Copyright 2017 - SM JUROR
The dissent noted that the spectator’s testimony was not credible, so there was “no
credible evidence indicating that any juror engaged in misconduct, [therefore,]
there was no need for a further inquiry of the individual jurors.” People v. Kuzdzal,
144 A.D.3d 1618, 1624, 42 N.Y.S.3d 507, 514 (N.Y. App. Div. 2016 [Smith, J. &
Peradotto, J., dissenting]).
The trial “court did not explain on the record its reasons for denying defendant's
request. Based on the record before us, we are compelled to conclude that the
jurors' alleged reference to defendant as a ‘scumbag’ indicated the possibility of
juror bias, and thus that the court should have granted defendant's request to
make an inquiry of the jurors.” People v. Kuzdzal, 144 A.D.3d 1618, 1621, 42
N.Y.S.3d 507, 511 (N.Y. App. Div. 2016). A new trial was granted.

11.
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