PEOPLE v. HEATH


234 A.D.2d 388 (1996)

651 N.Y.S.2d 551

The People of the State of New York, Respondent, v. Terry Heath, Appellant

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

December 9, 1996


Ordered that the judgment is reversed, on the law, and a new trial is ordered. No questions of fact have been raised or considered.

During the course of deliberations, the court received a note from the jury asking to "[p]lease give the elements to be considered in counts 1 and 2, for a guilty verdict". The defense counsel asked to see the note out of the presence of the jury and the court replied: "No * * * [t]he court doesn't need any assistance". The prosecutor...

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