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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