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PEOPLE v. HA

18 A.D.3d 1068 (2005)

797 N.Y.S.2d 573

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DUONG H. HA, Appellant.

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

May 26, 2005.

Peters, J.P.

Upon our earlier consideration of this appeal, we withheld decision and remitted the matter to County Court for a reconstruction hearing in order to enable us to resolve defendant's Antommarchi claim (14 A.D.3d 877 [2005]; see People v Antommarchi, 80 N.Y.2d 247 [1992]).

Upon remittal, County Court was unable to establish that all venire members with whom sidebar...

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