Does the Attorney General's contention that defendant forfeited the claim of juror misconduct by failing to include it in his written new trial motion?

^3. We reject the Attorney General's contention that defendant forfeited the claim by failing to include it in his written new trial motion. "[W]hile a new trial motion should be made in writing specifying the grounds [citation], there is no statutory requirement to that effect, and the motion need only identify the particular ground or grounds on which it is based." (People v. Smith (1993) 6 Cal.4th 684, 705 (conc. opn. of Baxter, J.).) Although the trial court noted that defendant was "sandbagging" the prosecution by bringing the alleged juror misconduct claim for the first time at the hearing, the People did not ask for a continuance and were able to respond to defendant's contention at the hearing. Since the trial court was able to make a ruling on the merits on defendant's contention and the People were not prejudiced, defendant's failure to include the claim in the written motion does not forfeit the contention on appeal.