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PEOPLE v. DIAZ

270 A.D.2d 167 (2000)

706 N.Y.S.2d 23

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BORYS DIAZ, Appellant.

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

Decided March 28, 2000.

This matter was remanded to the trial court by our order entered June 29, 1999 (262 A.D.2d 255) for a reconstruction hearing on the issue of whether four prospective jurors were excused for cause notwithstanding the notation that they were excused on consent. The trial court conducted the hearing on October 22, 1999, at which prior defense counsel and the trial Assistant District Attorney testified. The court, relying also on its own documentation...

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