| People v Argendorf |
| 2010 NY Slip Op 06808 [76 AD3d 1100] |
| September 28, 2010 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Russell Argendorf, Appellant. |
—[*1] Thomas J. Spota, District Attorney, Riverhead, N.Y. (Rosalind C. Gray and Marion M. Tangof counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Suffolk County (Efman, J.),rendered July 30, 2008, convicting him of burglary in the second degree, upon a jury verdict, andimposing sentence.
Ordered that the judgment is affirmed.
The defendant's contention that the evidence was legally insufficient to establish his guilt ofburglary in the second degree is unpreserved for appellate review (see CPL 470.05 [2];People v Hawkins, 11 NY3d484 [2008]). In any event, viewing the evidence in the light most favorable to theprosecution (see People v Contes, 60 NY2d 620, 621 [1983]), we find that it was legallysufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon ourindependent review pursuant to CPL 470.15 (5), we are satisfied that the verdict of guilt was notagainst the weight of the evidence (seePeople v Romero, 7 NY3d 633, 643-644 [2006]).
The County Court providently exercised its discretion in denying the defendant's request tomake further inquiry of the jury after it received a note indicating that one of the jurorsrecognized defense counsel as the attorney who had represented friends of the juror's son."Without more, this type of mere 'acquaintanceship . . . does not raise a legitimateissue as to whether [the juror] was grossly unqualified' " (People v Cecunjanin, 67 AD3d 1072, 1077 [2009], quoting People v Garraway, 9 AD3d 506,507 [2004] [internal quotation marks omitted]; see CPL 270.35 [1]; People vBuford, 69 NY2d 290 [1987]). Morever, the County Court gave the jury a further instructionwith respect to the inquiry, and there is no indication that the issue had any impact upon the jury'sdeliberations (see People v Erving,55 AD3d 419 [2008]; People vBenet, 45 AD3d 1449 [2007]; People v Devison, 38 AD3d 203 [2007]; People v Wright, 35 AD3d 172[2006]; People v Young Min Kwak,29 AD3d 385 [2006]).
Contrary to the defendant's contention, the County Court also properly ruled that thedefendant opened the door to testimony regarding his prior bad acts (see People vMelendez, 55 NY2d 445, 451-452 [1982]; People v Pinto, 56 AD3d 494 [2008]; People v Swaby, 2 AD3d 104[2003]). In any event, the evidence was admissible as background material to enable the jury tounderstand the defendant's [*2]relationship with his codefendantand the complainant (see People vTimmons, 54 AD3d 883 [2008]; People v Farmer, 54 AD3d 871 [2008]; see generally People vAlvino, 71 NY2d 233 [1987]).
The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80, 83[1982]). Covello, J.P., Santucci, Balkin and Austin, JJ., concur.