PEOPLE v. SHARFF


45 A.D.2d 666 (1974)

The People of the State of New York, Respondent, v. Richard Sharff, Appellant

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

November 12, 1974.


Attorney(s) appearing for the Case

Carolyn Wheat of counsel (William E. Hellerstein and William J. Gallagher, attorneys), for appellant.

Edward A. McDonald of counsel (Lewis R. Friedman with him on the brief; Richard H. Kuh, District Attorney), for respondent.

MARKEWICH, J. P., and NUNEZ, J., concur with TILZER, J.; MURPHY, J., dissents in an opinion.


TILZER, J.

The defendant appeals from a judgment convicting him after a trial by jury of rape in the first degree and sentencing him to a term of imprisonment of 4 to 12 years.

The jury went into deliberations at about 12:30 P.M. It appears that about five hours later the jury reported that it was "still having additional arguments". Thereupon, the court gave the following supplemental instructions:

As you all know, the purpose of a trial...

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