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PEOPLE v. ROSARIO

155 A.D.2d 563 (1989)

The People of the State of New York, Respondent, v. Ismael Rosario, Appellant

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

November 13, 1989

Ordered that the judgment is affirmed.

The defendant contends that a mistrial should have been declared when a defense witness gave erroneous testimony which indicated that the defendant was a drug user, thereby prejudicing the jury against him. He also contends that the jury was further prejudiced against him when, after the selection of four jurors, his codefendant, whose trial had been consolidated with his, pleaded guilty...

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