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PEOPLE v. WILLIAMS

225 A.D.2d 447 (1996)

640 N.Y.S.2d 25

The People of the State of New York, Respondent, v. Darrell Williams, Appellant

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

March 21, 1996

We exercise our discretion to review here, notwithstanding defendant's failure to preserve his claims by timely objection at trial, because the court's response to the jury note requesting a clearer definition of "force" was so misleading and prejudicial as to deprive defendant of a fair trial (People v McCullough, 73 A.D.2d 310, 319; People v Branch, 54 A.D.2d 90, 93). While a trial court...

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