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PEOPLE v. CHIBATTO

3453, 5228/12.

148 A.D.3d 553 (2017)

2017 NY Slip Op 01997

49 N.Y.S.3d 682

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT CHIBATTO, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided March 21, 2017.

While the court did not comply with the protocols for handling a jury note laid out in People v O'Rama (78 N.Y.2d 270, 276 [1991]), the on-the-record statements of the court and parties make clear that there had been an off-the-record conference regarding the note, and those on-the-record statements indicate that the court had apprised the parties of the entire contents of the note during the off-the-record conference (see People...

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