Judgment unanimously reversed, on the law, and a new trial granted.
Memorandum:
Following a jury trial, defendant was convicted of assault in the first degree (Penal Law, § 120.10, subd 1) and possession of a dangerous instrument (former Penal Law, § 265.05, subd 9). During a trial recess which interrupted the testimony of David Cage, the victim of the assault, juror Dorothy Jones privately informed the Judge that she recognized Cage. Following that...
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