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PEOPLE v. HUBBARD

Ind. No. 1275/16. Appeal No. 14990. Case No. 2019-5568.

201 A.D.3d 414 (2022)

159 N.Y.S.3d 46

2022 NY Slip Op 00017

The People of the State of New York, Respondent, v. Vernon Hubbard, Appellant.

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

Decided January 4, 2022.

Attorney(s) appearing for the Case

Robert S. Dean, Center for Appellate Litigation, New York (Jan Hoth of counsel), for appellant.

Darcel D. Clark, District Attorney, Bronx (Rafael Curbelo of counsel), for respondent.

Concur— Kern, J.P., Mazzarelli, Gesmer, González, Higgitt, JJ.

The court properly denied defendant's CPL 330.30(2) motion to set aside the verdict on the ground of juror misconduct (see generally People v Maragh, 94 N.Y.2d 569, 574 [2000] ["The trial court is invested with discretion and posttrial fact-finding powers to ascertain and determine whether the activity during deliberations constituted misconduct and whether the verdict should be set aside and a new trial ordered"]). The record supports...

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