Appellate Practice Attorney serving New York, NY
Did the defendant object to the juror being empaneled? If not, he/she has probably waived his/her right to object now. If so, however, and the Judge overruled the objection, the defendant can appeal his/her conviction. Also, the new evidence discovered after the trial (the juror seen consoling members of the victim's family) might be a basis to vacate the judgment without need of an appeal, but I'm not confident that argument would succeed.
Answered on May 30th, 2014 at 12:06 PM