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PEOPLE v. COOK

85 N.Y.2d 928 (1995)

650 N.E.2d 847

626 N.Y.S.2d 1000

The People of the State of New York, Respondent, v. Michael Cook, Appellant.

Court of Appeals of the State of New York.

Decided April 27, 1995.

Attorney(s) appearing for the Case

Marsha Weinstein, Kew Gardens, for appellant.

Charles J. Hynes, District Attorney of Kings County, Brooklyn (Alyson J. Gill and Roseann B. MacKechnie of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be reversed, and a new trial ordered.

Following a jury trial, defendant was acquitted of two counts of robbery (Penal Law § 160.15 [1], [2]), and convicted of one count of assault in the first degree (Penal Law § 120.10 [4]). During the course of jury deliberations, the jury addressed several written inquiries to the trial court, including requests that...

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