Opinion
June 14, 2001.
Judgment, Supreme Court, Bronx County (Daniel FitzGerald, J.), rendered December 22, 1997, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, criminal possession of a controlled substance in the third degree and unlawful possession of marijuana, and sentencing him, as a second felony offender, to two concurrent terms of 5 to 10 years concurrent with a term of time served, unanimously affirmed.
Melissa R. DiPalo, for respondent.
Andrew C. Fine, for defendant-appellant.
Before: Williams, J.P., Mazzarelli, Andrias, Lerner, Saxe, JJ.
The court's questioning of an individual deliberating juror did not coerce him into surrendering any conscientiously-held views. The court had previously delivered proper supplementary instructions to the deliberating jury as a whole, and the juror in question clearly stated that based on these instructions he could reach a fair verdict based on the evidence and the law.