People v. Marsden

We agree with the defendant that the County Court improperly denied, without a hearing, the defendant’s motion pursuant to CPL 330.30 (2) to set aside the verdict based upon allegations of juror misconduct. “Generally, a jury verdict may not be impeached by probes into the jury’s deliberative process; however, a showing of improper influence provides a necessary and narrow exception to the general proposition” (People v Maragh, 94 NY2d 569, 573 [2000]; see People v Brown, 48 NY2d 388, 393 [1979]; People v Davis, 86 AD3d 59, 64 [2011], lv denied *91017 NY3d 805 [2011]). “Improper influence includes…