People v. Smith

—Judgment, Supreme Court, Bronx County (Frank Torres, J.), rendered April 5, 1999, convicting defendant, after a jury trial, of attempted murder in the second degree, assault in the first degree and criminal possession of a weapon in the second and third degrees, and sentencing him, as a second felony offender, to an aggregate term of 32 years, unanimously affirmed.

The court properly exercised its discretion in denying defendant’s mistrial motion made after two jurors reported that a spectator had accosted them and unsuccessfully sought their opinion of the case, and that this communication…