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People v. Guadalupe

Appellate Division of the Supreme Court of New York, First Department
Mar 24, 1994
202 A.D.2d 334 (N.Y. App. Div. 1994)

Opinion

March 24, 1994

Appeal from the Supreme Court, New York County (Ronald Zweibel, J.).


Defendant's claim that he was denied a fair trial because a court officer spoke to a juror about a personal matter is not preserved for appellate review as a matter of law (CPL 470.05; see, People v. Hodges, 173 A.D.2d 644, lv denied 78 N.Y.2d 1011), and we decline to review the issue in the interest of justice. If we were to review, we would note that not every communication with a deliberating juror requires the participation of the court or the presence of the defendant (People v. Bonaparte, 78 N.Y.2d 26, 30), and that the brief exchange here involving a personal matter could not have influenced the juror's deliberations (compare, People v. Rukaj, 123 A.D.2d 277).

Concur — Sullivan, J.P., Carro, Ellerin, Asch and Tom, JJ.


Summaries of

People v. Guadalupe

Appellate Division of the Supreme Court of New York, First Department
Mar 24, 1994
202 A.D.2d 334 (N.Y. App. Div. 1994)
Case details for

People v. Guadalupe

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ORLANDO GUADALUPE…

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

Date published: Mar 24, 1994

Citations

202 A.D.2d 334 (N.Y. App. Div. 1994)
610 N.Y.S.2d 1