People v Sturdivant |
2004 NY Slip Op 03170 [6 AD3d 733] |
April 26, 2004 |
Appellate Division, Second Department |
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
The People of the State of New York, Respondent, v Michael Sturdivant, Appellant. |
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Appeal by the defendant from a judgment of the Supreme Court, Queens County (Blumenfeld, J.), rendered November 6, 2002, convicting him of criminal possession of a controlled substance in the third degree and criminal possession of a controlled substance in the fifth degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
Viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see CPL 470.15 [5]).
Further, contrary to the defendant's contention, the Supreme Court correctly denied the defendant's motion to set aside the verdict pursuant to CPL 330.30 (2) on the ground of juror [*2]misconduct. The defendant failed to establish that the jurors conducted an experiment not within the common ken of juror experience and knowledge concerning a material issue in the case, or that they in fact conducted an experiment (see People v McMillan, 197 AD2d 476, 477 [1993]; cf. People v Maragh, 94 NY2d 569, 574 [2000]; People v Stanley, 87 NY2d 1000, 1001-1002 [1996]). Smith, J.P., Krausman, Crane and Mastro, JJ., concur.