Prior to sentence, defendant moved to set aside the jury verdict pursuant to CPL 330.30 on the grounds that during the course of the jury's deliberations a court officer made unauthorized communications to a juror and also that the jury deliberations were tainted by racial bias. The application was supported by the affidavit of a juror, Diane Diaz, in which she recounted that a particular court officer stated to her in a voice loud enough for other jurors to hear that if...
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