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

Appellate Division of the Supreme Court of the State of New York·Decided December 22, 1995·Published·Cited by 1 cases

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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.

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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