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PEOPLE v. SMITH

175 Misc.2d 692 (1998)

670 N.Y.S.2d 310

The People of the State of New York, Plaintiff, v. Jeffrey Smith, Defendant.

Supreme Court, Queens County.

February 4, 1998

Attorney(s) appearing for the Case

Steven Brill, Forest Hills, for defendant. Richard A. Brown, District Attorney of Queens County, Kew Gardens (Joseph Fein of counsel), for plaintiff.

JAIME A. RIOS, J.

A defendant is convicted of various felonies after a trial by jury. Prior to the sentencing of the defendant, his attorney ascertains that a juror had a pending criminal proceeding during the defendant's trial. The issue presented in this postconviction motion is whether the juror's silence amounted to misconduct.

Defendant Jeffrey Smith on September 10, 1997 was found guilty of criminal...

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