People State New York v. Donald Green Book Reviews

People State New York v. Donald Green by Supreme Court of New York Book Summary

Judgment unanimously affirmed. Memorandum: We reject defendant's argument that the court erred in refusing to set aside the verdict based on alleged juror misconduct and incapacity. Following a hearing in response to defendant's motion pursuant to CPL 330.30, the court found that the jurors decided the case based only on the evidence adduced at trial and that a certain named juror was not statutorily unfit to serve as a juror. We find no basis to disturb the court's ruling (see, People v Martin, 177 A.D.2d 715, 716-717, lv denied 79 N.Y.2d 921). We also reject defendant's argument that reversal is required based on People v Antommarchi (80 N.Y.2d 247, rearg denied N.Y.2d [decided Dec. 17, 1992]) because Antommarchi applies prospectively only (People v Mitchell, N.Y.2d [decided Dec. 17, 1992]). We have examined defendant's remaining arguments on appeal and find them to be without merit.

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