PEOPLE v. GUILLEN

10824, 3568/13.

179 A.D.3d 539 (2020)

118 N.Y.S.3d 74

2020 NY Slip Op 00387

The People of the State of New York, Respondent, v. Carlos Guillen, Appellant.

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

Decided January 21, 2020.


The court improvidently exercised its discretion in denying, without a hearing, that branch of defendant's motion to set aside the verdict on the ground of alleged misconduct by two jurors (see CPL 330.40[2][f]).

The People's trial preparation assistant, who assisted the trial prosecutors, disclosed that some time after the trial and before sentencing, he received a handwritten note in the mail from the jury foreperson, stating: "Now that the trial is over...

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