People v. Erving

Judgment, Supreme Court, New York County (Charles H. Solomon, J), rendered December 15, 2006, convicting defendant, after a jury trial, of sexual abuse in the first degree, and sentencing him, as a second violent felony offender, to a term of six years, unanimously affirmed.

The court properly exercised its discretion when it declined to ask the jurors whether they had seen a newspaper article about this case that was published during the trial and contained an allegedly inflammatory headline and potentially prejudicial content (see People v Moore, 42 NY2d 421, 433-434 [1977], cert denied 434…