People v. Gonzalez

*490Judgment, Supreme Court, Bronx County (Margaret L. Clancy, J.), rendered January 7, 2005, convicting defendant, after a jury trial, of assault in the first degree, and sentencing him to a term of five years, unanimously modified, on the law, to the extent of vacating the DNA databank fee, and otherwise affirmed.

After a hearing, the court properly denied that branch of defendant’s CPL 330.30 (2) motion to set aside the verdict in which he alleged that a juror made an unauthorized visit to the scene of the crime. The court correctly concluded that the juror did not visit the location of the…