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THORNE v. GRUBMAN

21 A.D.3d 254 (2005)

799 N.Y.S.2d 500

SARAH THORNE, Respondent, v. ELIZABETH S. GRUBMAN, Appellant, et al., Defendants. (And Another Action.)

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

August 4, 2005.

Defendant's evidence of widespread negative publicity, considered together with the public opinion survey of prospective jurors conducted by her expert, does not sufficiently show that an impartial jury cannot be selected in New York County (see People v. Boudin, 90 A.D.2d 253, 255-256 [1982]). While the survey, assuming its scientific validity, showed that comparatively more residents of New York and Suffolk counties recognized...

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