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People v. Hart

Appellate Division of the Supreme Court of New York, Second Department
Mar 3, 1997
237 A.D.2d 304 (N.Y. App. Div. 1997)

Opinion

March 3, 1997.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Orgera, J.), rendered August 9, 1995, convicting him of criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.

Before: O'Brien, J.P., Thompson, Joy and Florio, JJ.


Ordered that the judgment is affirmed.

The Supreme Court properly denied the defendant's motion to set aside the verdict on the ground of juror misconduct. Absent a showing of prejudice to a substantial right, proof of juror misconduct does not entitle a defendant to a new trial ( see, People v Irizarry, 83 NY2d 557, 561; People v Clark, 81 NY2d 913, 914). Here, although a juror failed to disclose during voir dire that her husband had been accused of a crime, the record establishes that this did not preclude her from rendering an impartial verdict. Accordingly, the defendant was not prejudiced by the juror's misconduct.

We also find that a missing witness charge was unnecessary under the circumstances ( see, People v Macana, 84 NY2d 173; People v Doros, 217 AD2d 415), and that the trial court's identification charge was proper ( see, People v Knight, 87 NY2d 873; People v Whalen, 59 NY2d 273).

The defendant's remaining contention is without merit.


Summaries of

People v. Hart

Appellate Division of the Supreme Court of New York, Second Department
Mar 3, 1997
237 A.D.2d 304 (N.Y. App. Div. 1997)
Case details for

People v. Hart

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. THOMAS HART, Appellant

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

Date published: Mar 3, 1997

Citations

237 A.D.2d 304 (N.Y. App. Div. 1997)
655 N.Y.S.2d 393

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