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In the Matter of the PEOPLE OF THE STATE OF NEW YORK ex rel. LEROY EDWARD GREEN, Appellant, v. J. EDWIN LA VALLEE, as Superintendent of Clinton Correctional Facility, Respondent.

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 postconviction 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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MATTER OF PEOPLE EX REL. GREEN v. LA VALLEE
(Jan 31, 1977)