People v. Young

267 A.D.2d 113, 700 N.Y.S.2d 155, 1999 N.Y. App. Div. LEXIS 13018

Opinion

—Judgment, Supreme Court, New York County (Marcy Kahn, J.), rendered February 10, 1998, convicting defendant, after a jury trial, of robbery in the second degree, and sentencing him, as a second violent felony offender, to a term of 9 years, unanimously affirmed.

Defendant’s motion to set aside the verdict on the ground of juror misconduct was properly denied. The procedure employed by the jurors was a visualization of evidence in the record, based on everyday experience, and was performed in the confines of the jury deliberation room. This was not a contrived experiment, and there was no outside influence intruding on the jury’s deliberations (compare, People v Smith, 59 NY2d 988, with People v Brown, 48 NY2d 388, 393-394; see also, People v Lennon, 223 AD2d 403, lv denied 87 NY2d 1021). Concur — Ellerin, P. J., Wallach, Lerner, Andrias and Saxe, JJ.