People v. Saunders

OPINION OF THE COURT

Shirley R. Levitt an, J.

Defendant was convicted of the crimes of conspiracy in the second degree (Penal Law, § 105.15), criminal sale of a controlled substance in the first degree (Penal Law, § 220.43) and criminal possession of a controlled substance in the second degree (Penal Law, § 220.18). He now moves pursuant to CPL 330.30, subd 2) to set aside the verdict on the ground that there occurred improper conduct by jurors that substantially prejudiced his right to a fair trial (People v Cocco, 305 NY 282; People v Marrero, 83 AD2d 565).

In response, the People assert…