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  5. 75 N.Y.2d 832 (1990)
 

PEOPLE v. LEGISTER

75 N.Y.2d 832 (1990)

The People of the State of New York, Respondent, v. Pedro Legister, Appellant.

Court of Appeals of the State of New York.

Decided February 8, 1990.

Attorney(s) appearing for the Case

Jonathan Heller and Philip L. Weinstein for appellant.

Charles J. Hynes, District Attorney (Linda Cantoni and Barbara D. Underwood of counsel), for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, TITONE, HANCOCK, JR., and BELLACOSA concur in memorandum; Judge ALEXANDER taking no part.

MEMORANDUM.

The order of the Appellate Division should be reversed and a new trial ordered.

At the trial of this case, a primary issue was the extent to which the victim was able to see the face of her attacker in the darkened bedroom where the crime occurred. After two days of deliberations, the jurors had not yet reached a verdict. During the overnight sequestration one juror adjusted the lighting conditions and...

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