People v. Barnes

OPINION OF THE COURT

Weiss, J.

In 1981, defendant was convicted after a jury trial of first *250degree robbery and second degree grand larceny. The conviction was affirmed on direct appeal (99 AD2d 877). In May 1986, defendant moved to vacate the conviction pursuant to CPL 440.10 on the ground, inter alia, that a trial juror should have been disqualified since the juror’s brother had previously been arrested with defendant (see, CPL 270.20 [1] [c]). Specifically, defendant asserted that William Sorensen, the brother of the challenged juror, Daniel Sorensen, was arrested in 1979 along with defendant…