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PEOPLE v. ERVING

55 A.D.3d 419 (2008)

866 N.Y.S.2d 147

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MATTHEW ERVING, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

October 23, 2008.

The court properly exercised its discretion when it declined to ask the jurors whether they had seen a newspaper article about this case that was published during the trial and contained an allegedly inflammatory headline and potentially prejudicial content (see People v Moore, 42 N.Y.2d 421, 433-434 [1977], cert denied 434 U.S. 987 [1977]). The court had repeatedly instructed the jury not to read any articles about the case...

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