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  5. 77 N.Y.2d 861 (1991)
 

PEOPLE v. TUCKER

77 N.Y.2d 861 (1991)

The People of the State of New York, Respondent, v. Lawrence Tucker, Appellant. The People of the State of New York, Respondent, v. Warren Deveaux, Appellant.

Court of Appeals of the State of New York.

Decided February 14, 1991.

Attorney(s) appearing for the Case

Laurence M. Goodman and E. Joshua Rosenkranz for Lawrence Tucker, appellant.

Diane Pazar and Philip L. Weinstein for Warren Deveaux, appellant.

Robert M. Morgenthau, District Attorney (Morrie I. Kleinbart and Robert M. Raciti of counsel), for respondent.

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

MEMORANDUM.

The order of the Appellate Division in each case should be affirmed.

During deliberations, the jury asked for reinstruction on the elements of first and second degree robbery. The Judge complied with that request, first listing the elements and then explaining them. While the Judge was explaining the elements, a juror apparently was taking notes. Noticing this, the Judge instructed the jurors that if disagreement...

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