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PEOPLE v. YOUNG

267 A.D.2d 113 (1999)

700 N.Y.S.2d 155

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RODNEY YOUNG, Appellant.

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

Decided December 16, 1999.

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,

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