People v. Rodriguez

OPINION OF THE COURT

Harold B. Beeler, J.

*868The defendant moves pursuant to CPL 330.30 (2) to set aside the jury verdict rendered on April 5, 1999 finding the defendant guilty of criminal sale of a controlled substance in the third degree (Penal Law § 220.39 [1]). The sole basis for this application is the alleged improper conduct of a juror who during voir dire failed to reveal that he had a relationship with an Assistant District Attorney in New York County other than the Assistant prosecuting this case. The Assistant District Attorney who prosecuted this case first became aware of the juror’s…