PEOPLE v. SMITHWICK


88 A.D.2d 852 (1982)

The People of the State of New York, Appellant, v. Leroy Smithwick, Respondent

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

June 22, 1982


After the jury retired, it requested the exhibits, which were delivered, inclusive of a photograph of the victim of a shooting lying dead in an elevator. The packet of exhibits sent to the jury included, in error, three other black-and-white photos of the same scene. Mistrial was requested, and the court conducted an immediate inquiry of the foreman. It was ascertained that the photos had not been examined by the jury and that the only discussion concerning them was centered...

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