PEOPLE v. SIMON


89 Misc.2d 644 (1977)

The People of the State of New York, Plaintiff, v. Dallas Simon, Defendant.

County Court, Monroe County.

February 3, 1977


Attorney(s) appearing for the Case

Peter L. Yellin, Public Defender (Edward J. Nowak of counsel), for defendant. Lawrence T. Kurlander, District Attorney (Edward J. Spires of counsel), for plaintiff.


DONALD J. MARK, J.

This is an application by the defendant pursuant to CPL 440.10 (subd 1, par [h]) to vacate a judgment of conviction for attempted robbery in the first degree and other charges entered against the defendant on August 8, 1974, upon the ground that the jury prior to rendering a guilty verdict against the defendant performed an illegal experiment in the jury room.

The defendant has presented uncontroverted affidavits from two of...

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