Appellate Division of the Supreme Court of New York, 1977

People ex rel. Green v. La Vallee

People ex rel. Green v. La Vallee
Appellate Division of the Supreme Court of New York · Decided January 31, 1977
55 A.D.2d 958; 391 N.Y.S.2d 161; 1977 N.Y. App. Div. LEXIS 10257
People ex rel. Green v. La Vallee

Opinion

In a habeas corpus proceeding, petitioner appeals from a judgment of the County Court, Orange County, dated July 25, 1976, which dismissed the proceeding. Judgment affirmed, without costs or disbursements. Petitioner’s application for post-conviction relief was based upon an allegation of bias arising out of a juror’s employment as a corrections officer. The fact of his employment was known to petitioner and his attorney at the time of the voir dire. Therefore petitioner’s failure to raise a timely challenge to the juror waived the objection (see CPL 270.15, subd 4). Hopkins, Acting P. J., Martuscello, Cohalan and Damiani, JJ., concur.

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