PEOPLE v. ARCAROLA


96 A.D.2d 1081 (1983)

The People of the State of New York, Respondent, v. Frank Arcarola, Appellant

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

September 19, 1983


Judgment reversed, on the law, and new trial ordered.

During its deliberations the jury requested that the entire testimony of four of the eight trial witnesses be read back. Instead of complying with this request, the court instructed the jury as follows: "I have received your note and the Reporter will have no problem locating any question of the testimony that you want read back, however, considering he fact that there were only eight witnesses that testified in...

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