PEOPLE v. HAVNER (2005)

Supreme Court, Appellate Division, Second Department, New York.

The PEOPLE, etc., respondent, v. Nicki HAVNER, appellant.

Decided: June 13, 2005

BARRY A. COZIER, J.P., DAVID S. RITTER, GABRIEL M. KRAUSMAN, and PETER B. SKELOS, JJ.

Steven A. Feldman, Uniondale, N.Y., for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Merri Turk Lasky of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Buchter, J.), rendered January 3, 2002, convicting her of murder in the first degree (two counts) and arson in the third degree (two counts), upon a jury verdict, and imposing sentence.

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 A.D.2d 257, 650 N.Y.S.2d 641; People v. Radtke, 219 A.D.2d 739, 631 N.Y.S.2d 763; People v. Johnson, 217 A.D.2d 667, 629 N.Y.S.2d 801).

The defendant's remaining contentions are either unpreserved for appellate review, without merit, or constitute harmless error.

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