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PEOPLE v. McDONALD

40 A.D.3d 1125 (2007)

838 N.Y.S.2d 103

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHNNIE McDONALD, Appellant.

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

Decided May 29, 2007.

Ordered that the judgment is affirmed.

A motion to set aside a verdict may be granted where it is shown by a preponderance of the evidence that improper conduct by a juror prejudiced a substantial right of the defendant (see CPL 330.30 [2]; 330.40 [2] [g]; People v Irizarry, 83 N.Y.2d 557, 561 [1994]). At the fact-finding hearing, the defendant called, as his sole witness, juror No. 2, who testified that her opinion...

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