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PEOPLE v. KUZDZAL

No. 48.

31 N.Y.3d 478 (2018)

105 N.E.3d 328

80 N.Y.S.3d 189

2018 NY Slip Op 03304

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

Court of Appeals of New York.

Decided May 8, 2018.

Attorney(s) appearing for the Case

John J. Flynn, District Attorney, Buffalo (Matthew B. Powers and Donna A. Milling of counsel), for appellant.

Erickson Webb Scolton & Hajdu, Lakewood (Lyle T. Hajdu of counsel), for respondent.

Chief Judge DiFIORE and Judges STEIN, GARCIA, WILSON and FEINMAN concur; Judge WILSON in a concurring opinion; Judge RIVERA dissents and votes to affirm in an opinion; Judge FAHEY taking no part.

OPINION OF THE COURT

On this appeal, we are asked to determine whether the trial court abused its discretion when it chose not to conduct an inquiry of two sworn jurors pursuant to People v Buford (69 N.Y.2d 290 [1987]). Alerted to a complaint by a courtroom spectator that...

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