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PEOPLE v. McKAY

214 A.D.2d 685 (1995)

625 N.Y.S.2d 590

The People of the State of New York, Respondent, v. Corey McKay, Appellant

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

April 17, 1995

Ordered that the judgment is reversed, on the law, and a new trial is ordered. The facts have been considered and determined to have been established.

During its deliberations, the jury sent a note to the trial court which read, "Do we have to vote on both counts?". The trial court sent a clerk to respond to this inquiry, instructing him as follows: "Yes, just say yes. If they want further information, let me know and we...

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