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PEOPLE v. GIARLETTA

2008-03612

72 A.D.3d 838 (2010)

898 N.Y.S.2d 639

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RALPH GIARLETTA, Appellant.

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

Decided April 13, 2010.

Ordered that the judgment is reversed, on the law, and a new trial is ordered.

Pursuant to Criminal Procedure Law § 330.30 (2), a court may set aside a verdict based upon juror misconduct which, inter alia, "may have affected a substantial right of the defendant." Here, at the hearing conducted on his motion to set aside the verdict, the defendant established by a preponderance of the evidence (see CPL 330.40...

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