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PEOPLE v. GUILLEN

Ind. No. 3568/13. Appeal No. 10824. Case No. 2017-1351.

199 A.D.3d 582 (2021)

157 N.Y.S.3d 22

2021 NY Slip Op 06553

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 November 23, 2021.

Attorney(s) appearing for the Case

Caprice R. Jenerson , Office of the Appellate Defender, New York ( Katherine M. A. Pecore of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( EAllen Stanfield Friedman of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Oing, Moulton, González, JJ.

We previously held this appeal in abeyance pending a hearing on defendant's CPL 330.30(2) motion to set aside the verdict on the ground of alleged misconduct by two jurors (179 A.D.3d 539 [1st Dept 2020]). After the hearing, the court properly denied the motion. There is no basis to disturb the court's credibility determinations, which are "entitled to great deference" (People v Pizarro, 24 A.D.3d 309, 312 [1st Dept 2005], affd...

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