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

The PEOPLE of the State of New York, Appellant, v. Martin DEVEREAUX, Defendant-Respondent.

The People of the State of New York, Appellant, v. Michael Forde, Defendant-Respondent.

Decided: September 26, 2006

BUCKLEY, P.J., SAXE, WILLIAMS, SWEENY, MALONE, JJ. Robert M. Morgenthau, District Attorney, New York (Michael A. Scotto of counsel), for appellant. Michael G. Dowd, New York, for Martin Devereaux, respondent. Stephanie M. Carvlin, New York, for Michael Forde, respondent.

Order, Supreme Court, New York County (Jeffrey M. Atlas, J.), entered on or about April 26, 2005, granting defendants' CPL 330.30(2) motion to set aside the verdict on the ground of jury misconduct, unanimously affirmed.

The record supports the court's finding (8 Misc.3d 1005(A), 2005 WL 1490306), made after a thorough evidentiary hearing, that defendants were substantially prejudiced by various forms of egregious jury misconduct that pervaded the trial and that cannot be deemed harmless under the circumstances of the case (see People v. Romano, 8 A.D.3d 503, 778 N.Y.S.2d 517 [2004], lv. denied 3 N.Y.3d 711, 785 N.Y.S.2d 39, 818 N.E.2d 681 [2004]‚ÄČ).