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PEOPLE v. CHODAKOWSKI

Ind. No. 2930/15. Appeal No. 14522. Case No. 2021-00327.

200 A.D.3d 437 (2021)

154 N.Y.S.3d 777

2021 NY Slip Op 06781

The People of the State of New York, Respondent, v. Szymon Chodakowski, Appellant.

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

Decided December 2, 2021.

Attorney(s) appearing for the Case

The Baker Law Firm for Criminal Appeals, PLLC, Bronx ( Mark M. Baker of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Beth Fisch Cohen of counsel), for respondent.

Concur—Renwick, J.P., González, Kennedy, Scarpulla, Rodriguez, JJ.

The People consent to this matter being remanded for a hearing to determine whether ethnic bias tainted the jury's deliberations as alleged by defendant (see Peña-Rodriguez v Colorado, 580 US ___, 137 S.Ct. 855 [2017]; People v Leonti, 262 N.Y. 256 [1933]). Defendant's CPL 440 motion included an affidavit from the jury foreperson, in which he swore that, during deliberations...

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