Opinion
December 16, 1999
Judgment, Supreme Court, New York County (Marcy Kahn, J.), rendered February 10, 1998, convicting defendant, after a jury trial, of robbery in the second degree, and sentencing him, as a second violent felony offender, to a term of 9 years, unanimously affirmed.
Tami J. Aisenson for Respondent.
Edward S. Graves for Defendant-Appellant.
ELLERIN, P.J., WALLACH, LERNER, ANDRIAS, SAXE, JJ.
Defendant's motion to set aside the verdict on the ground of juror misconduct was properly denied. The procedure employed by the jurors was a visualization of evidence in the record, based on everyday experience, and was performed in the confines of the jury deliberation room. This was not a contrived experiment, and there was no outside influence intruding on the jury's deliberations (compare, People v. Smith, 59 N.Y.2d 988, with People v. Brown, 48 N.Y.2d 388, 393-394; see also, People v. Lennon, 223 A.D.2d 403, lv denied 87 N.Y.2d 1021).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.