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PEOPLE v. JOHNSON

202 A.D.2d 375 (1994)

612 N.Y.S.2d 831

The People of the State of New York, Respondent, v. Ednita Johnson, Appellant

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

March 31, 1994

The court responded "meaningfully" to the jury's note requesting further instruction and information (CPL 310.30; see, People v Almodovar, 62 N.Y.2d 126, 131-132). There was nothing on the face of the note, or otherwise, to suggest that the jury was considering the two vials of crack that were never introduced in evidence in disregard of the court's repeated instructions and the People's articulated theory. Thus, there was...

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