From Casetext: Smarter Legal Research

People v. Bab Lin You

Appellate Division of the Supreme Court of New York, Second Department
Sep 20, 1999
264 A.D.2d 780 (N.Y. App. Div. 1999)

Opinion

Submitted June 14, 1999

September 20, 1999

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Spires, J.), rendered January 28, 1997, convicting him of robbery in the first degree (two counts), robbery in the second degree, attempted robbery in the first degree (two counts), attempted robbery in the second degree, and unlawful imprisonment in the first degree (two counts), upon a jury verdict, and imposing sentence.

Ronna Gordon-Galchus, Bayside, N.Y., for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Robin A. Forshaw, and Kenneth V. Byrne of counsel), for respondent.

MYRIAM J. ALTMAN, J.P., GABRIEL M. KRAUSMAN, HOWARD MILLER, ROBERT W. SCHMIDT, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

The trial court did not improvidently exercise its discretion in summarily denying, without a hearing, the defendant's motion to set aside the verdict based on juror misconduct. The motion was supported only by hearsay allegations contained in an affidavit of defense counsel ( see, People v. Cervantes, 242 A.D.2d 730, 731).

The defendant's remaining contentions are unpreserved for appellate review, and we decline to review them in the exercise of our interest of justice jurisdiction.

ALTMAN, J.P., KRAUSMAN, H. MILLER, and SCHMIDT, JJ., concur.


Summaries of

People v. Bab Lin You

Appellate Division of the Supreme Court of New York, Second Department
Sep 20, 1999
264 A.D.2d 780 (N.Y. App. Div. 1999)
Case details for

People v. Bab Lin You

Case Details

Full title:THE PEOPLE, ETC., respondent, v. BAB LIN YOU, appellant. (Ind. No. 2718/95)

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

Date published: Sep 20, 1999

Citations

264 A.D.2d 780 (N.Y. App. Div. 1999)
694 N.Y.S.2d 760

Citing Cases

YOU v. BENNETT

The Appellate Division affirmed. See People v. Bab Lin You, 694 N.Y.S.2d 760 (N.Y.App.Div.2d Dep't 1999). It…

People v. Vincent

Ordered that the judgment is affirmed. The Supreme Court properly denied, without a hearing, the defendant's…