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PEOPLE v. JOHNSON

92 N.Y.2d 976 (1998)

706 N.E.2d 742

683 N.Y.S.2d 754

The People of the State of New York, Respondent, v. Lawrence Johnson, Appellant.

Court of Appeals of the State of New York.

Decided November 24, 1998.

Attorney(s) appearing for the Case

Barbara S. Greathead, Rochester, for appellant.

Howard R. Relin, District Attorney of Monroe County, Rochester (Elizabeth Clifford of counsel), for respondent.

Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE, CIPARICK and WESLEY concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

Defendant's argument that the trial court should have used the "grossly unqualified" standard contained in CPL 270.35 in determining whether the subject juror should be discharged is unpreserved for appellate review, having been raised for the first time in support of defendant's motion to set aside the verdict...

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