Order unanimously reversed and matter remitted to Special Term for further proceedings in accordance with the memorandum.
Memorandum:
The minutes of this hearing are inadequate. The proceeding is remitted to the court below to take proof as to the events that transpired upon the jury's request for instructions, the court's action, if any, in making notes upon the indictment, and any other proof of proceedings subsequent to the trial (See People v. Ercole...
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