New York Court of Appeals
The People of the State of New York, Respondent v. Simon Samandarov, Appellant
November 24, 200913 N.Y.3d 433
Summary
The New York Court of Appeals affirmed the Appellate Division's denial of the defendant's CPL 330.30 motion seeking a new trial on alleged juror misconduct and his CPL 440.10 motion alleging a Rosario disclosure violation, finding no abuse of discretion. A partial dissent argued that the CPL 440.10 denial should be reversed and a hearing ordered.