Defendant has moved under CPL 440.10 (subd 1, pars [f], [h]) to vacate a judgment of conviction for murder in the second degree, entered against him on February 23, 1976 after a jury trial. Defendant claims that his statutory and constitutional rights to a fair trial were violated when the Trial Judge failed to disqualify, or to further question, a juror who approached the Bench midtrial to advise the Judge that he knew two prosecution...
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