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PEOPLE v. JACKSON

183 A.D.2d 427 (1992)

The People of the State of New York, Respondent, v. Victor Jackson, Appellant

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

May 7, 1992

It was not an abuse of discretion for the trial court to respond to a jury note indicating that two jurors did not believe that testimony could be evidence by rereading the definition of evidence that had been given during the preliminary instructions (People v Malloy, 55 N.Y.2d 296, cert denied 459 U.S. 847). Contrary to trial counsel's position, the court could hardly have ignored the note by simply directing the jury to...

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