PEOPLE v. MOORE


233 A.D.2d 670 (1996)

650 N.Y.S.2d 332

The People of the State of New York, Respondent, v. Randall V. Moore, Appellant

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

November 21, 1996


Mikoll, J. P.

The primary issue presented on this appeal is whether defendant waived his right to appeal from an alleged error that occurred when the sequestered jury was supervised by two Deputy Sheriffs who testified at the trial; defense counsel not only refused the offer of a mistrial but formulated and accepted the curative procedures implemented by County Court. We find there was a waiver. Accordingly, the judgment of conviction should be affirmed...

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