PEOPLE v. BENITEZ


99 A.D.2d 841 (1984)

The People of the State of New York, Respondent, v. Enrique Benitez, Appellant

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

February 27, 1984


Matter remitted to Criminal Term, to a Judge other than the Trial Judge, to hear and report on whether said Trial Judge gave preliminary instructions to the jury, including, to the extent possible, the content of such instructions, and, if not, whether defendant made any objection to the failure to so instruct; appeal held in abeyance in the interim. The court shall file its report with all convenient speed. On this record, we cannot determine with any certainty whether the...

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