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PEOPLE v. TUFANO

124 A.D.2d 688 (1986)

The People of the State of New York, Respondent, v. Michael Tufano, Appellant

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

November 10, 1986

Ordered that the judgment is reversed, on the law, and a new trial is ordered. The facts have been considered and determined to be established.

During the jury's deliberations, the forelady transmitted a note to the Trial Judge in which it was stated "I think under certain circumstances I don't think I could come to a just decision. I feel, if at all possible, I would like to be excused". After informing counsel of the note, the court determined that

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