Opinion
February 2, 1990
Present — Dillon, P.J., Callahan, Boomer, Pine and Balio, JJ.
Appeal from the Supreme Court, Erie County, Francis, J.
Judgment unanimously affirmed. Memorandum: The trial court properly denied defendant's motion to set aside the verdict because of alleged misconduct by the jurors. In support of his motion, defendant relied upon an affidavit of one of the jurors who said that another juror had become ill during the course of the deliberations, throwing up three times, and that after she became ill she changed her opinion about the case and acquiesced in the views of the other jurors. The affidavit of a juror is inadmissible to impeach the verdict of the jury unless it concerns outside influences on the jury (People v De Lucia, 20 N.Y.2d 275, 279). Allegations that a juror had become sick in the jury room and, as a result, ceased deliberations and concurred in the wishes of the other jurors do not involve "`outside influence[s]'" (Tanner v United States, 483 U.S. 107, 122; People v Rodriguez, 119 A.D.2d 599; People v Horney, 112 A.D.2d 841, lv denied 66 N.Y.2d 615).