People v Vincent

2008 NY Slip Op 01790 [48 AD3d 835]

February 26, 2008

Appellate Division, Second Department

As corrected through Wednesday, April 16, 2008

The People of the State of New York,Respondent, v Patrick Vincent, Appellant.

—[*1]Lynn W. L. Fahey, New York, N.Y., and Chadbourne & Parke LLP, New York, N.Y.(Thomas E. Butler and J. Carson Pulley of counsel), for appellant (one brief filed).

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Thomas M. Rossof counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Guzman, J.),rendered July 8, 2004, convicting him of burglary in the third degree, petit larceny, and criminalmischief in the fourth degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The Supreme Court properly denied, without a hearing, the defendant's motion to set asidethe verdict pursuant to CPL 330.30 (2), based upon comments a juror allegedly made to defensecounsel after the verdict was rendered (see People v Bab Lin You, 264 AD2d 780 [1999];People v Cervantes, 242 AD2d 730, 731 [1997]). Skelos, J.P., Fisher, Dillon andMcCarthy, JJ., concur.