People v. Johnson

Judgment, Supreme Court, Bronx County (Ira Globerman, J.), rendered July 24, 1992, convicting defendant, after a jury trial, of attempted robbery in the first degree and sentencing him, as a second felony offender, to a prison term of 6 to 12 years, unanimously affirmed.

Defendant’s presentence motion attacking the verdict on the ground of jury misconduct was properly denied since the trial court was without authority to consider defendant’s oral motion (CPL 330.30 [2]; 330.40 [2] [a]). In addition, since defendant failed to submit written affidavits from any of the jurors and did not request…