People v. Ceresoli

Appellate Division of the Supreme Court of New York

People v. Ceresoli

222 A.D.2d 1096, 635 N.Y.S.2d 849, 1995 N.Y. App. Div. LEXIS 14178

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 22, 1995

StatusPublished

Cited by1 cases

This text of 222 A.D.2d 1096 (People v. Ceresoli) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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People v. Ceresoli, 222 A.D.2d 1096, 635 N.Y.S.2d 849, 1995 N.Y. App. Div. LEXIS 14178 (N.Y. Ct. App. 1995).

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—Judgment affirmed. Memorandum: County Court did not err in denying defendant’s CPL 330.30 (2) motion to set aside the verdict on the ground of juror misconduct (see, People v Clark, 81 NY2d 913, 914; cf., People v Brown, 48 NY2d 388, 394; People v Harding, 44 AD2d 800). Furthermore, we decline to exercise our power to modify defendant’s sentence as a matter of discretion in the interest of justice (see, CPL 470.15 [6] [b]).

All concur except Balio and Boehm, JJ., who dissent and vote to reverse in the following Memorandum.

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—Judgment affirmed. Memorandum: County Court did not err in denying defendant’s CPL 330.30 (2) motion to set aside the verdict on the ground of juror misconduct (see, People v Clark, 81 NY2d 913, 914; cf., People v Brown, 48 NY2d 388, 394; People v Harding, 44 AD2d 800). Furthermore, we decline to exercise our power to modify defendant’s sentence as a matter of discretion in the interest of justice (see, CPL 470.15 [6] [b]).

All concur except Balio and Boehm, JJ., who dissent and vote to reverse in the following Memorandum.

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222 A.D.2d 1096, 635 N.Y.S.2d 849, 1995 N.Y. App. Div. LEXIS 14178, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-ceresoli-nyappdiv-1995.

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