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PEOPLE v. BARNES

129 A.D.2d 249 (1987)

The People of the State of New York, Respondent, v. Richard G. Barnes, Appellant

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

July 9, 1987

Attorney(s) appearing for the Case

Richard G. Barnes, appellant pro se.

James C. Canfield, District Attorney (Youel C. Smith of counsel), for respondent.

MAIN, J. P., CASEY, MIKOLL and YESAWICH, JR., JJ., concur.

WEISS, J.

In 1981, defendant was convicted after a jury trial of first degree robbery and second degree grand larceny. The conviction was affirmed on direct appeal (99 A.D.2d 877). In May 1986, defendant moved to vacate the conviction pursuant to CPL 440.10 on the ground, inter alia, that a trial juror should have been disqualified since the juror's brother had previously...

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