When secrecy of the grand jury contradicts the statute on disqualification of jurors in the criminal trial

The question of the secrecy of the grand jury came up as a much discussed issue where the grand jury in New York City refused to indict a police officer even though an individual has died in his chokehold.

The secrecy of the grand jury was challenged in court and sustained.

Yet, when ruling on the secrecy of the grand jury, the court did not reach an important issue (which was irrelevant in that particular proceedings), and the issue is:

how can a criminal defendant going to trial supposed to know and raise the issue of disqualification of a potential juror because the juror previously served on the grand jury in the same proceedings, if the identity of grand jurors in that same proceedings is not known and not to be known to the defendant because of the grand jury secrecy?

New York Criminal Procedure Law 270.20(1)(d) provides that a juror is disqualified for cause if he or she was a witness at the grand jury proceeding in the same case.

Now, how a defendant and his counsel is supposed to know that to raise such an objection?

The court and the prosecutor (who both know the identity of grand jurors) are going to tell him if a grand juror gets into the jury panel?  Dream on.

And this, ladies and gentlemen, is a question of fairness to the criminal defendant of constitutional dimensions, because it practically allows grand jurors who returned the indictment that is the basis of the criminal proceedings to "finish the job" and convict the defendant, without defendant's knowledge, but with knowledge of the court and the prosecutor.