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  5. 117 A.D.2d 253 (1986)
 

PEOPLE v. LAVENDER

117 A.D.2d 253 (1986)

The People of the State of New York, Respondent, v. James Lavender, Appellant

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

May 22, 1986

Attorney(s) appearing for the Case

Alan Dimant of counsel (Steven R. Kartagener with him on the brief; Mario Merola, District Attorney, attorney), for respondent.

Andrew E. Abraham of counsel (Philip L. Weinstein, attorney), for appellant.

KUPFERMAN, J. P., and KASSAL, J., concur with ROSENBERGER, J.; SULLIVAN and ROSS, JJ., dissent in an opinion by ROSS, J.

ROSENBERGER, J.

After hearing testimony for something less than four days, the jury in this case commenced its deliberations close to noon on February 6, 1984. After deliberations and a rereading of some testimony, the jurors went to a hotel at about 11:00 P.M. that night. Deliberations resumed at about 10:00 the next morning. At 11:45 that morning, the jurors sent the court a note stating: "We are deadlocked...

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