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People v. Santana

Defense Fails to Show Rights Affected by Alleged Jury Misconduct; Verdict Remains Intact

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DECISION

*1 Defendant’s post-trial motion to set aside a verdict for juror misconduct raises questions about whether jurors can be insulated from trial publicity in the digital age. The defense claim of misconduct centers around a 2014 YouTube video depicting an individual named Brownie Lopez punching another man to the ground in an unrelated incident and causing his death. Brownie Lopez was originally charged in the indictment in this case with acting in concert with defendant Esteban Santana in an attempted robbery in the first degree. Brownie Lopez pled guilty to a misdemeanor and was sentenced before the trial. Defendant Santana was convicted of the top count. After defendant Santana’s trial, two jurors admitted they were familiar with the video, had seen it before deliberations began and implicated a third juror as having referred to it. Other jurors were thought to have seen the video as well. Following a hearing at which all twelve of the jurors and alternates testified, the defendant’s motion is denied for failure to demonstrate any impact of the video on the verdict.Procedural historyOn June 20, 2017, the defendant was convicted after a jury trial of attempted robbery in the first degree in violation of Penal Law section 110/160.15(3). The matter was adjourned until July 10, 2017 for sentencing. On June 30, 2017, defendant filed a motion pursuant to Criminal Procedure Law §330.30 asking this court to set aside the verdict of the jury based on

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