Opinion
February 5, 1993
Appeal from the Erie County Court, Drury, J.
Present — Boomer, J.P., Pine, Lawton, Boehm and Davis, JJ.
Judgment unanimously affirmed. Memorandum: We reject defendant's argument that the court erred in refusing to set aside the verdict based on alleged juror misconduct and incapacity. Following a hearing in response to defendant's motion pursuant to CPL 330.30, the court found that the jurors decided the case based only on the evidence adduced at trial and that a certain named juror was not statutorily unfit to serve as a juror. We find no basis to disturb the court's ruling (see, People v Martin, 177 A.D.2d 715, 716-717, lv denied 79 N.Y.2d 921). We also reject defendant's argument that reversal is required based on People v Antommarchi ( 80 N.Y.2d 247, rearg denied 81 N.Y.2d 759) because Antommarchi applies prospectively only (People v Mitchell, 80 N.Y.2d 519).
We have examined defendant's remaining arguments on appeal and find them to be without merit.