PEOPLE v. ALBERT


85 N.Y.2d 851 (1995)

647 N.E.2d 1356

623 N.Y.S.2d 848

The People of the State of New York, Respondent, v. James Albert, Also Known as James Albert, Jr., Appellant.

Court of Appeals of the State of New York.

Decided February 23, 1995.


Attorney(s) appearing for the Case

Peter Perlman, New York City, Mark E. Gimpel and E. Joshua Rosenkranz for appellant.

Robert T. Johnson, District Attorney of Bronx County, Bronx (Jonathan Svetkey of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur.


MEMORANDUM.

The order of the Appellate Division should be affirmed.

The issues defendant seeks to raise on this appeal were either unpreserved or waived at trial. Defense counsel failed to object to the manner in which the trial court investigated suggestions of juror misconduct and outside influence. Counsel also acquiesced in the scope and content of the court's inquiry. Counsel made a timely motion for a mistrial...

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