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PEOPLE v. MERCADO

230 A.D.2d 488 (1997)

659 N.Y.S.2d 453

The People of the State of New York, Respondent, v. Javier Mercado, Appellant

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

June 26, 1997

Attorney(s) appearing for the Case

Stephen R. Mahler of counsel, Kew Gardens (Mahler, Miller, Harris & Engel, P. C., attorneys), for appellant.

Daniel R. Wanderman of counsel, Bronx (Jennifer A. Daskevich and Robert Moore on the brief; Robert T. Johnson, District Attorney of Bronx County, attorney), for respondent.

SULLIVAN, J. P., and ELLERIN, J., concur with TOM, J.; ROSENBERGER and MILONAS, JJ., dissent in a separate opinion by ROSENBERGER, J.

TOM, J.

Defendant appeals from a judgment convicting him of murder and a related charge on the grounds of, inter alia, failure of the trial court to take remedial action to insure that the jury verdict was unanimous.

Testimony adduced at the trial reveals that on July 16, 1994, shortly after 8:30 P.M., Brenton Rousey, Daniel Serrano and Mike Fernandez were accosted by defendant and a group of...

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