Ordered that the judgment is reversed, on the law, and a new trial is ordered. No questions of fact have been raised or considered.
The People concede that after receiving a note from the jury stating that they were at an impasse, the trial court directed a court officer to go into the jury room to instruct the jury to continue their deliberations. Neither the attorneys nor the defendant were present when the court officer instructed the jury to continue their deliberations...
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