People v. Cocco

Lewis, Ch. J.

The defendant stands convicted by a County Court jury of Niagara County of grand larceny in the second degree.

Following rendition of the jury’s verdict, counsel for the defendant applied by motion in County Court for an order setting aside the verdict against him and for a new trial. Among grounds asserted in support of that motion was misconduct by jurors (Code Crim. Pro., § 465, subds. 2, 3), the defendant’s claim being that his rights were prejudiced by the occurrence presently to be described. That motion was denied by the County Court. Thereafter, upon appeal by the…