OPINION OF THE COURT
MERCURE, J.
In December 1999, the Appellate Division, First Department, ordered a change of venue from Supreme Court, Bronx County to Supreme Court, Albany County in the criminal action against four New York City Police Officers, respondents Kenneth Boss, Sean Carroll, Edward McMellon and Richard Murphy (hereinafter collectively referred to as defendants), arising out of the death of Amadou Diallo (see, People v Boss,
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