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PEOPLE v. CHESWICK

166 A.D.2d 88 (1991)

570 N.Y.S.2d 318

The People of the State of New York, Respondent, v. Steven Cheswick, Appellant

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

May 20, 1991

Attorney(s) appearing for the Case

Francis G. Ganun for appellant.

John J. Santucci, District Attorney (John Castellano of counsel), for respondent.

THOMPSON, J. P., and KUNZEMAN, J., concur with BRACKEN, J.; EIBER and O'BRIEN, JJ., dissent in an opinion by O'BRIEN, J.

BRACKEN, J.

In a joint trial, where one defendant is tried by the court, and another defendant is tried simultaneously by a jury, the trial court has no duty to record its verdict in secret prior to the jury's revelation of the verdict arrived at by it. Therefore, in the present case, the failure of the trial court privately to record its verdict as to the defendant...

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