PEOPLE v. MANDELL


51 A.D.2d 752 (1976)

The People of the State of New York, Appellant, v. Philip E. Mandell, Also Known as Phillip E. Mandell, Respondent

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

February 9, 1976


Order affirmed. At the end of the trial it became necessary to sequester the jury overnight.

The clerk of the trial court reconvened the jury prior to 9:30 A.M. the next morning, contrary to the court's instructions. The jury, at the beginning of its deliverations, requested a rereading of the charge concerning "reasonable doubt", in a note to the Trial Judge. The clerk, again contrary to instructions, opened the note and permitted the jury to continue its deliberations...

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