People v. Rentz

OPINION OF THE COURT

Betty D. Friedlander, J.

Defendant has moved under CPL 440.10 (subd 1, pars [f], [h]) to vacate a judgment of conviction for murder in the second degree, entered against him on February 23, 1976 after a jury trial. Defendant claims that his statutory and constitutional rights to a fair trial were violated when the Trial Judge failed to disqualify, or to further question, a juror who approached the Bench midtrial to advise the Judge that he knew two prosecution witnesses and to question his continued qualification for service on the jury in defendant’s case.

At a hearing held…