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PEOPLE v. PIZARRO

190 A.D.2d 634 (1993)

The People of the State of New York, Respondent, v. Angelo Pizarro, Appellant

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

February 25, 1993

While appellate review of a trial court's improper use of a court clerk "to instruct" the jury foreperson concerning the verdict sheet would not be precluded by a defendant's failure to object thereto (see, People v Bonaparte, 78 N.Y.2d 26, 31), review here is precluded by the absence of any record of what the clerk said, if anything, to the foreperson (see, People v Fernandez...

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