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PEOPLE v. RODRIGUEZ

100 N.Y.2d 30 (2003)

790 N.E.2d 247

760 N.Y.S.2d 74

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE RODRIGUEZ, Appellant.

Court of Appeals of the State of New York.

Decided March 27, 2003.

Attorney(s) appearing for the Case

Office of the Appellate Defender, New York City (Eunice C. Lee and Richard M. Greenberg of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York City (Alice Wiseman and Susan Gliner of counsel), for respondent.

Chief Judge KAYE and Judges SMITH, CIPARICK, WESLEY, GRAFFEO and READ concur.

OPINION OF THE COURT

ROSENBLATT, J.

The appeal before us involves alleged juror misconduct. Defendant seeks reversal of his conviction because during voir dire a juror failed to reveal his friendship with a New York County Assistant District Attorney who was not involved in the prosecution of defendant's case. We agree with the Appellate Division that the trial court, after conducting a hearing, properly concluded that there was no basis to order a new trial...

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