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PEOPLE v. GUADALUPE

202 A.D.2d 334 (1994)

610 N.Y.S.2d 1

The People of the State of New York, Respondent, v. Orlando Guadalupe, Appellant

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

March 22, 1994

Defendant's claim that he was denied a fair trial because a court officer spoke to a juror about a personal matter is not preserved for appellate review as a matter of law (CPL 470.05 [2]; see, People v Hodges, 173 A.D.2d 644, lv denied 78 N.Y.2d 1011), and we decline to review the issue in the interest of justice. If we were to review, we would note that not every communication with a deliberating juror requires the...

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