People v. Durling

281 A.D. 794 | N.Y. App. Div. | 1953

Order affirmed. Memorandum: The County Court, as we construe the decision, has found as a fact that the alleged acts of misconduct on the part of the jurors did not take place. We conclude that such finding is in accord with the weight of the credible evidence and that the order appealed from should be affirmed. All concur. (Appeal from an order denying defendant’s motion for a new trial on the ground of misconduct of a juror.) Present — Taylor, P. J., McCurn, Vaughan, Kimball and Piper, JJ.