PEOPLE v. MALAVE


271 A.D.2d 204 (2000)

707 N.Y.S.2d 26

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DWAYNE MALAVE, Appellant.

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

Decided April 4, 2000.


The court properly exercised its discretion in declining to replace a sworn juror based on her innocuous encounter with an Assistant District Attorney having no connection to this prosecution, whom the juror recognized as a college friend. The juror had been unaware that her friend had joined the District Attorney's office, and assured the court that the encounter would not affect her impartiality (see, People v Provenzano, 50 N.Y.2d 420

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