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PEOPLE v. AYBINDER

215 A.D.2d 181 (1995)

626 N.Y.S.2d 150

The People of the State of New York, Respondent, v. Josef Aybinder, Appellant

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

May 9, 1995

Juror bias against two of the People's witnesses justifying the juror's discharge as grossly unqualified (CPL 270.35; see, People v Buford, 69 N.Y.2d 290, 298), was provided by the juror's statements to the court that he was "upset" by an incident he observed during a break that left him with the impression that the witnesses were not taking the case seriously, and that he "would not evaluate [the two witnesses] the same"...

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