Legal Opinion
People v. McDonald
Appellate Division of the Supreme Court of the State of New York
Decided May 29, 2007PublishedCited by 7 opinions
1Opinion of the Court
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Cooperman, J.), rendered February 8, 2005, convicting him of burglary in the second degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
A motion to set aside a verdict may be granted where it is shown by a preponderance of the evidence that improper conduct by a juror prejudiced a substantial right of the defendant (see CPL 330.30 [2]; 330.40 [2] [g]; People v Irizarry, 83 NY2d 557, 561 [1994]). At the fact-finding hearing, the defendant called, as his sole witness, juror No. 2,…
2Cases cited5 opinions
- People v. IrizarryNew York Court of Appeals · 1994
- People v. RhodesAppellate Division of the Supreme Court of the State of New York · 1983
- People v. BrowneAppellate Division of the Supreme Court of the State of New York · 2003
- People v. RomanoAppellate Division of the Supreme Court of the State of New York · 2004
- People v. MackAppellate Division of the Supreme Court of the State of New York · 1996
3Cited by7 opinions
- People v. LemayAppellate Division of the Supreme Court of the State of New York · 2010
- People v. GiarlettaAppellate Division of the Supreme Court of the State of New York · 2010
- People v. HeidgenAppellate Division of the Supreme Court of the State of New York · 2011
- People v. MarsdenAppellate Division of the Supreme Court of the State of New York · 2015
- People v. MorrisonAppellate Division of the Supreme Court of the State of New York · 2012
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