PEOPLE v. BAUTISTA


25 A.D.3d 341 (2006)

808 N.Y.S.2d 647

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. AMAURIS BAUTISTA, Appellant.

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

January 5, 2006.


Although defendant made a CPL 330.30 (1) motion to set aside the verdict, that motion raised different issues from those raised on appeal, and did not constitute a CPL 330.30 (2) motion to set aside the verdict on the ground of jury misconduct. Accordingly, his present claim of jury misconduct is unpreserved and we decline to review it in the interest of justice. Were we to review this claim, we would nevertheless find no reason to reverse the conviction or remand for a hearing...

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