PEOPLE v. PEREZ


203 A.D.2d 123 (1994)

610 N.Y.S.2d 483

The People of the State of New York, Respondent, v. Alberto Cotto Perez, Also Known as Melvin Vidro, Appellant

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

April 14, 1994


The trial court properly denied defendant's application to discharge the panel of prospective alternate jurors because of "taint" created by the trial court's reference to defendant's use of an alias, and his subsequent application for a mistrial on the ground that the two alternate jurors chosen and eventually substituted for sitting jurors "tainted" the entire jury. Defendant's claim that the jurors in question brought a "built...

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