PEOPLE v. LIN YOU


264 A.D.2d 780 (1999)

694 N.Y.S.2d 760

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BAB LIN YOU, Appellant.

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

Decided September 20, 1999.


Ordered that the judgment is affirmed.

The trial court did not improvidently exercise its discretion in summarily denying, without a hearing, the defendant's motion to set aside the verdict based on juror misconduct. The motion was supported only by hearsay allegations contained in an affidavit of defense counsel (see, People v Cervantes, 242 A.D.2d 730, 731).

The defendant's remaining contentions are unpreserved...

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