PEOPLE v. ESTRADA

While juror number 3 should not have greeted a prosecution witness or informed the prosecutor that the trial exhibits were misnumbered, the misconduct was innocuous and did not require a hearing to determine whether the juror was involved in "misconduct of a substantial nature" within the meaning of CPL 270.35 (see, People v. Buford, 69 N.Y.2d 290, 299, n 4; People v Garcia, 153 A.D.2d 951, lv denied 75 N.Y.2d 919). In view of defendant's criminal past, the sentence imposed was not excessive (People v. Junco, 43 A.D.2d 266, 268, affd 35 N.Y.2d 419).

Concur — Sullivan, J.P., Carro, Wallach and Kupferman, JJ.