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PEOPLE v. LYKES

81 N.Y.2d 767 (1993)

The People of the State of New York, Respondent, v. Lemuel Lykes, Appellant.

Court of Appeals of the State of New York.

Decided January 12, 1993.

Attorney(s) appearing for the Case

Kristin M. Preve, Buffalo, Barbara J. Davies and Linda S. Reynolds for appellant.

Kevin M. Dillon, District Attorney of Erie County, Buffalo (Roger W. Wilcox, Jr., and John J. DeFranks of counsel), for respondent.

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

MEMORANDUM.

The order of the Appellate Division should be affirmed.

Defendant was convicted, after a jury trial, of sexual abuse in the first degree and endangering the welfare of a child stemming from the molestation of a five-year-old boy. During deliberations, the Trial Judge received a note from the jury stating, "Legal Terminology about Charges brought against defendant on all three accounts." Without notifying...

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