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PEOPLE v. ESTELLA

102414

68 A.D.3d 1155 (2009)

2009 NY Slip Op 8896

889 N.Y.S.2d 759

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. MICHAEL ESTELLA, Also Known as STREETS, Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

Decided December 3, 2009.

SPAIN, J.P.

Following a jury trial, defendant was convicted on 14 counts of an indictment, including attempted murder in the second degree and assault in the first and second degrees, stemming from a shooting at a diner in the City of Schenectady, Schenectady County on August 6, 2006. Defendant moved pursuant to CPL 330.30 to set aside the verdict based upon, among several grounds, juror misconduct related to one juror...

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