Opinion
December 29, 1980
Appeal by defendant, by permission, from an order of the Supreme Court, Queens County, dated May 7, 1980, which denied his motion to vacate a judgment of the same court rendered February 10, 1976. Order affirmed. The absence of defendant and his counsel from the informal interviews conducted by the Trial Judge with two of the jurors does not mandate reversal of the judgment of conviction (see People v. Mullen, 44 N.Y.2d 1; People v Andriani, 67 A.D.2d 20, after remand 73 A.D.2d 864, cert den sub nom. Boutureira v. New York, 444 U.S. 866; cf. Carlisle v. County of Nassau, 64 A.D.2d 15; People ex rel. Wilder v. Markley, 29 A.D.2d 542; People v. O'Keefe, 281 App. Div. 409, affd 306 N.Y. 619). The record shows that defendant waived any objection to the manner in which the juror interviews were conducted or any claim that his lawyer was not provided with the accurate content of those interviews. Mollen, P.J., Titone, Lazer and Cohalan, JJ., concur.