The failure of the Trial Judge to hold a formal hearing, with counsel for defendant present, on the question whether or not a juror, one Julian Jackson, actually was a tainted juror, constituted error, which, on the entire record and in the interests of justice, compels a new trial. (People v. Leonti, 262 N.Y. 256; People v. Pauley, 281 App. Div. 223, 227.) In the case at bar, a trial anew is directed because no hearing can obliterate the fact that there is...
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