PEOPLE v. FOSTER


64 N.Y.2d 1144 (1985)

The People of the State of New York, Respondent, v. Fred Foster and Gregory Reed, Appellants.

Court of Appeals of the State of New York.

Decided May 2, 1985.


Attorney(s) appearing for the Case

Richards W. Hannah and Joseph A. Doran for Fred Foster, appellant.

Robert S. Dean and William E. Hellerstein for Gregory Reed, appellant.

Elizabeth Holtzman, District Attorney (Michael Gore and Barbara D. Underwood of counsel), for respondent.

Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, ALEXANDER and KANE concur in memorandum; Judge KAYE taking no part.


MEMORANDUM.

The order of the Appellate Division should be modified to reverse the conviction of Gregory Reed and dismiss the indictment as to him and, as so modified, should be affirmed.

As to the disqualification of the trial juror who had served on a Federal Grand Jury during the two years prior to trial of the present case, we agree with the Appellate Division, for the reasons set forth in the opinion of Justice...

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