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People v. Etheridge

Appellate Division of the Supreme Court of New York, Second Department
Jul 5, 1988
142 A.D.2d 593 (N.Y. App. Div. 1988)

Opinion

July 5, 1988

Appeal from the County Court, Suffolk County (Mazzei, J.).


Ordered that the judgment is affirmed.

Viewing the evidence adduced at the trial in a light most favorable to the People, we find that it was legally sufficient to support the conviction (see, People v. Contes, 60 N.Y.2d 620). Moreover, upon the exercise of our factual review power, we are satisfied that the defendant's guilt was established beyond a reasonable doubt and the verdict was not against the weight of the evidence (CPL 470.15).

We find that the trial court did not abuse its discretion in denying the defendant's motion to set aside the verdict due to alleged misconduct by a juror (see, People v. Friedgood, 58 N.Y.2d 467, 470). We note that with the exception of improper external influences, jurors may not impeach their verdict by stating what was discussed during their deliberations (see, People v. James, 112 A.D.2d 380, 382).

We have examined the defendant's remaining contentions and find them to be without merit. Bracken, J.P., Kunzeman, Eiber and Kooper, JJ., concur.


Summaries of

People v. Etheridge

Appellate Division of the Supreme Court of New York, Second Department
Jul 5, 1988
142 A.D.2d 593 (N.Y. App. Div. 1988)
Case details for

People v. Etheridge

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANDERSON P. ETHERIDGE…

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

Date published: Jul 5, 1988

Citations

142 A.D.2d 593 (N.Y. App. Div. 1988)

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