People v. Moreno

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE MORENO, Appellant

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

Date published: Nov 25, 1997

244 A.D.2d 280 (N.Y. App. Div. 1997)

665 N.Y.S.2d 852

Opinion

November 25, 1997

Appeal from the Supreme Court, Bronx County (John Moore, J.).

Defendant failed to preserve his argument that the court conducted an insufficient inquiry concerning possible juror misconduct, and we decline to review it in the interest of justice. Were we to review it, we would find that the court conducted the requisite inquiry and reasonably determined that the incident had been trivial and innocuous ( see, People v Buford, 69 N.Y.2d 290). We perceive no abuse of sentencing discretion.

Concur — Milonas, J.P., Rosenberger, Nardelli, Rubin and Tom, JJ.