People v. Hart

1 Citing case

  1. People v. Eley

    31 A.D.3d 662 (N.Y. App. Div. 2006)   Cited 6 times

    The defendant failed to show that a juror's misconduct in failing to disclose his extensive prior jury service experience during voir dire prejudiced a substantial right ( see CPL 330.30; People v Rodriguez, 100 NY2d 30, 36; People v Vasquez, 19 AD3d 1103, 1104; People v West, 4 AD3d 791, 793; People v Hart, 237 AD2d 304; People v Teitelbaum, 133 Misc 2d 392, 398, affd 138 AD2d 647; cf. People v Pauley, 281 AD 223, 226). Moreover, there is no "constitutional rule requiring automatic reversal whenever a defendant claims he might have peremptorily excused a juror had he possessed certain information about that juror . . . Rather, because defendant moved to set aside the verdict pursuant to CPL 330.30 (2), we adhere to the well settled statutory analysis applicable to such cases" ( see People v Rodriguez, supra at 34), and find that the defendant failed to establish prejudice to a substantial right as a result of the juror's misconduct ( see People v Vasquez, supra; People v Hart, supra.)