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PEOPLE v. JOHNSON

205 A.D.2d 309 (1994)

614 N.Y.S.2d 120

The People of the State of New York, Respondent, v. Michael Johnson, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

June 2, 1994

Defendant's presentence motion attacking the verdict on the ground of jury misconduct was properly denied since the trial court was without authority to consider defendant's oral motion (CPL 330.30 [2]; 330.40 [2] [a]). In addition, since defendant failed to submit written affidavits from any of the jurors and did not request an evidentiary hearing, he failed to develop an adequate record for appellate review (see, People v Olivo, 52 N.Y.2d...

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