Ordered that the judgment is affirmed.
The defendant was arrested and charged with the April 1995 robbery of a cabdriver in Queens. His first trial ended in a mistrial upon the request of the defense counsel. The second trial also ended abruptly when the trial court declared a mistrial over the defense counsel's objection after one of the deliberating jurors became ill and was hospitalized. At the third trial, a detective testified that the defense counsel was present...
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