Opinion
September 17, 1947.
Appeal from Supreme Court of Ulster County.
The motion was based upon the alleged misconduct of one of the trial jurors as supported by an inquiry conducted by the trial judge of all the trial jurors at the request of all parties. No competent evidence of any misconduct was there elicited or was otherwise disclosed. In fact none of the trial jurors gave any evidence of the misconduct charged except the one of them who had dissented from, or had not joined in, the verdict rendered. Such juror's failure to have joined in the verdict in no way varies the rule that jurors may not impeach their verdict. ( People v. Sprague, 217 N.Y. 373; Payne v. Burke, 236 App. Div. 527.) Order affirmed, with $10 costs and disbursements. Heffernan, Brewster, Foster and Russell, JJ., concur; Hill, P.J., concurs on the ground that the authorities seem to prohibit the consideration of evidence given by jurors.