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PEOPLE v. McCORMICK

173 Misc.2d 268 (1997)

661 N.Y.S.2d 493

The People of the State of New York, Plaintiff, v. Cindy McCormick, Defendant.

Supreme Court, Monroe County.

June 12, 1997

Attorney(s) appearing for the Case

Edward J. Nowak, Public Defender of Monroe County (Matthew Clark of counsel), for defendant. Howard R. Relin, District Attorney of Monroe County (Michael Rice of counsel), for plaintiff.

DONALD J. MARK, J.

This is an application by the defendant, who has been convicted after a jury trial of the crimes of grand larceny in the third degree, offering a false instrument for filing in the first degree and second degree, misuse of food stamps and welfare fraud, pursuant to CPL 330.30 (1), to vacate the jury's verdict of guilty on the grand larceny charge, upon the ground that the court's response to a question of the deliberating jury

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