People v. Smith

OPINION OF THE COURT

Jaime A. Rios, J.

*693A defendant is convicted of various felonies after a trial by jury. Prior to the sentencing of the defendant, his attorney ascertains that a juror had a pending criminal proceeding during the defendant’s trial. The issue presented in this postconviction motion is whether the juror’s silence amounted to misconduct.

Defendant Jeffrey Smith on September 10, 1997 was found guilty of criminal sale of a controlled substance in the third degree (Penal Law § 220.39 [1]), assault in the second degree (Penal Law § 120.05 [3]) and resisting arrest (Penal Law §…