Ordered that the judgment is affirmed.
The defendant's contention that the Supreme Court erred in denying his motion pursuant to CPL 330.30 (2) is without merit. CPL 330.30 (2) provides that, after the rendition of a verdict of guilty but before the sentence is imposed, the court may, upon the defendant's motion, set aside the verdict if "during the trial there occurred, out of the presence of the court, improper conduct by a juror, or improper conduct by another...
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