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PEOPLE v. RODRIGUEZ

291 A.D.2d 317 (2002)

737 N.Y.S.2d 846

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE RODRIGUEZ, Appellant.

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

Decided February 21, 2002.

The court properly denied defendant's motion to set aside the verdict based on juror misconduct. There is no basis upon which to disturb the court's determinations concerning credibility. As explained in the court's decision (183 Misc.2d 867), the juror's concealment of information during voir dire did not cause any prejudice that would entitle defendant to a new trial.

The prosecutor's isolated summation remark concerning the...

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