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PEOPLE v. RODRIGUEZ

183 Misc.2d 867 (1999)

705 N.Y.S.2d 485

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. JOSE RODRIGUEZ, Defendant.

Supreme Court, New York County.

December 2, 1999.

Attorney(s) appearing for the Case

New York County Defender Services, New York City (Cheryl Moran of counsel), for defendant.

Robert M. Morgenthau, District Attorney of New York County, New York City (Todd Harrison of counsel), for plaintiff.

OPINION OF THE COURT

HAROLD B. BEELER, J.

The defendant moves pursuant to CPL 330.30 (2) to set aside the jury verdict rendered on April 5, 1999 finding the defendant guilty of criminal sale of a controlled substance in the third degree (Penal Law § 220.39 [1]). The sole basis for this application is the alleged improper conduct of a juror who during voir dire failed to reveal that he had a relationship...

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