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PEOPLE v. GARDELLA

55 A.D.2d 607 (1976)

The People of the State of New York, Appellant, v. Michael Gardella, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 6, 1976

Order affirmed.

Despite extensive efforts to keep from the jury the knowledge that the defendant had been convicted of murder one year earlier, that information found its way into the jury room and was discussed during the jury's deliberations. Defendant's substantial rights were prejudiced, and a new trial was properly ordered (cf. People v Cocco, 305 N.Y. 282

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