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PEOPLE v. SMITH

238 A.D.2d 127 (1997)

655 N.Y.S.2d 37

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

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

April 1, 1997

The court properly permitted the court clerk, with the consent of the parties, to ask the jury to submit a note indicating whether or not they still wished a response to their inquiry sent immediately prior to a note indicating that they had reached a verdict, since the clerk's action was purely ministerial (see, People v Bonaparte, 78 N.Y.2d 26). In this connection, defendant's...

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