Opinion OF THE COURT On August 18, 1990, Mr. Yusef Salaam was convicted, after a jury trial of the crimes of rape in the first degree (Penal Law ? 130.35 ), assault in the first degree (Penal Law ? 120.10 ), robbery in the first degree (Penal Law ? 160.15 ), riot in the first degree (Penal Law ? 240.06), and assault in the second degree (Penal Law ? 120.05 , ) (3 counts), in the Supreme Court, New York County (Thomas B. Galligan, J.). Subsequently, on September 11, 1990, Justice Galligan sentenced Mr. Salaam, consecutively on the designated felonies as a juvenile offender, to an indeterminate prison term of 5 to 10 years. All of the crimes of which Mr. Salaam was convicted arose out of a series of attacks, on April 19, 1989, in Central Park, upon a female jogger, several male joggers, and other persons. Thereafter, in November 1990, William M. Kunstler, Esq., moved pursuant to pg300,9671 CPL 440.10, to vacate Mr. Salaam's conviction, on the ground that, during his trial, a juror read press accounts of that trial and informed his fellow jurors about them. Further, Mr. Kunstler submitted a supplemental affirmation, in support of the motion, requesting Justice Galligan to recuse himself from considering the motion.
