PEOPLE v. BOYNE


174 A.D.2d 103 (1992)

The People of the State of New York, Respondent, v. Calbert Boyne, Appellant

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

January 16, 1992


Attorney(s) appearing for the Case

Arthur H. Hopkirk of counsel (Philip L. Weinstein, attorney), for appellant.

Sylvia Wertheimer of counsel (Mark Dwyer with her on the brief; Robert M. Morgenthau, District Attorney, attorney), for respondent.

WALLACH, J. P., KUPFERMAN and SMITH, JJ., concur.


ROSS, J.

The primary issues presented on this appeal are whether defendant was deprived of a fair trial by Criminal Term's responses, without consultation with counsel, to oral questions asked by members of the jury during deliberations, and further was defendant deprived of a fair trial by Criminal Term's denial of defense counsel's request for an adverse inference instruction or to impose an appropriate sanction...

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