People v. Brandon

OPINION OF THE COURT

Ellen M. Coin, J.

*502By jury verdict on March 2, 2004, defendant was convicted of nine counts of petit larceny arising out of his theft of items from Ground Zero.1 He has moved for an order pursuant to Criminal Procedure Law § 330.30 (2) setting aside the verdict on the ground that a juror was intoxicated during deliberations. In support of his motion, defendant submitted his affidavit, together with affidavits from his wife, his brother and the affirmation of his trial counsel. The People, in opposition, responded with a memorandum of law in which they argued that the…