This motion is brought by the defendant to dismiss the information pending against him on the grounds of double jeopardy.
The defendant was arraigned on a charge of possessing a dangerous drug in contravention of section 220.05 of the Penal Law. A jury was demanded and the matter eventually came to trial on April 9, 1969. On the latter date a jury was impaneled and sworn and openings to the jury were made by both counsel. Witnesses were excluded from the courtroom during the voir dire and the openings. The District Attorney then called his first witness, and as appears from the trial transcript the following occurred:
"Direct-Examination by Mr. Robbins:
"Q. What is your name and badge number? A. Ptl. Ronald Dillon, Shield No. 1270, Eighth Precinct, Nassau County Police Department.
"The Court: Juror Number 6.
"Juror No. 6: I know the Officer.
"The Court: May I at this time ask you, sir, how close was this relationship?
"Juror No. 6: Just that he happened to be a patrolman in the area.
"The Court: And did you have any personal contract with him?
"Juror No. 6: I worked in the Post Office there, and he was the patrolman in the area at that time.
"The Court: The fact that he was a patrolman in the area, would that in any way leave you with a tendency to believe his testimony to a greater extent than you would otherwise?
"The Court: Do you think that you can judge this ...