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PEOPLE v. HAVNER
Appellate Division of the Supreme Court of New York, Second Department.
Jun 13, 2005
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Ordered that the judgment is affirmed.
Contrary to the defendant's contention, the trial court properly discharged a juror pursuant to CPL 270.35 after determining, based on a thorough inquiry, that the juror had disregarded its instructions by discussing the case outside the courtroom and then lied when questioned about the substance of the discussion ( see People v. De La Rosa, 233 AD2d 257; People v. Radtke, 219 AD2d 739; People v. Johnson, 217 AD2d 667).
The defendant's remaining contentions are either unpreserved for appellate review, without merit, or constitute harmless error.
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