PEOPLE v. LARA


44 A.D.3d 488 (2007)

843 N.Y.S.2d 311

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MIGUEL LARA, Appellant.

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

Decided October 18, 2007.


After conducting a hearing, the court properly denied defendant's CPL 330.30 (2) motion to set aside the verdict on the ground of juror misconduct. Under all the circumstances of the case, the weather information that a juror improperly collected from the Internet was immaterial, and did not create a substantial risk of prejudice (see People v Maragh, 94 N.Y.2d 569, 574 [2000]). Likewise, the court properly exercised its discretion...

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