County Court, following a hearing, denied defendant's motion to vacate judgment pursuant to CPL 440.10 on the ground that one of the jurors at his trial was prejudicial against him. The determinative question presented in the instant case is whether defendant established by a preponderance of the evidence (CPL 440.30, subd 6) his allegation as to an incident which purportedly occurred between defendant and the juror some 10 years prior to the hearing. If this allegation had...
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