PEOPLE v. AGOSTO


73 N.Y.2d 963 (1989)

The People of the State of New York, Respondent, v. Rafael Agosto, Appellant.

Court of Appeals of the State of New York.

Decided March 30, 1989.


Attorney(s) appearing for the Case

Freda S. Nisnewitz for appellant.

Elizabeth Holtzman, District Attorney (Sherry Chase-Conant and Barbara D. Underwood of counsel), for respondent.

Chief Judge WACHTLER and Judges SIMONS, ALEXANDER and HANCOCK, JR., concur; Judge BELLACOSA dissents and votes to reverse in an opinion in which Judges KAYE and TITONE concur.


MEMORANDUM.

The order of the Appellate Division should be affirmed.

On appeal defendant's chief contention is that the trial court's failure to respond to a jury note or to notify counsel of its existence constituted error requiring reversal. We agree with the Appellate Division that it did not.

During the first two days of deliberation, the jury sent out several notes which asked for exhibits, readbacks,...

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