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PEOPLE v. TORRES

158 A.D.2d 62 (1990)

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

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

June 26, 1990

Attorney(s) appearing for the Case

Ruth E. Shillingford of counsel (Paul Harnisch with her on the brief; Robert M. Morgenthau, District Attorney, attorney), for respondent.

Maurice Emsellem of counsel (Philip L. Weinstein, attorney), for appellant.

ROSS, ROSENBERGER and SMITH, JJ., concur with KASSAL, J; KUPFERMAN, J. P., concurs in an opinion.

KASSAL, J.

The trial court's robing room colloquy with a single juror, conducted in the absence of defendant, and consisting of a personal Allen charge (Allen v United States, 164 U.S. 492), in the face of repeated assertions of reasonable doubt on the part of the juror, deprived defendant of due process of law, and thus mandates reversal and remand for a new trial...

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