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PEOPLE v. SMITH

168 Misc.2d 33 (1996)

637 N.Y.S.2d 279

The People of the State of New York, Plaintiff, v. Jamar Smith, Defendant.

Supreme Court, Kings County.

January 3, 1996

Attorney(s) appearing for the Case

Joseph Santo, White Plains, for defendant. Charles J. Hynes, District Attorney of Kings County, Brooklyn (Jeffrey Mueller of counsel), for plaintiff.

ALAN D. MARRUS, J.

During jury deliberations may the Trial Judge deny a jury's request for readback of testimony? Under the law, a Judge does have the discretion to refuse a readback request, and, under the circumstances of this case, it was proper to do so.

At the conclusion of a two-jury murder trial involving two defendants, the jury, in this case, commenced its deliberations at about 1:30 P.M. on...

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