It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously reversed on the law and a new trial is granted.
Memorandum:
On appeal from a judgment convicting him of driving while intoxicated as a class D felony (Vehicle and Traffic Law § 1192 [3]; § 1193 [1] [c] [ii]), defendant contends that County Court erred in removing a sworn juror who was acquainted with a defense witness. We agree. "A defendant has a constitutional...
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