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  5. 91 N.Y.2d 838 (1997)
 

PEOPLE v. KHALEK

91 N.Y.2d 838 (1997)

689 N.E.2d 914

666 N.Y.S.2d 1020

The People of the State of New York, Respondent, v. Abdul Khalek, Appellant.

Court of Appeals of the State of New York.

Decided December 2, 1997.

Attorney(s) appearing for the Case

Leon H. Tracy, Forest Hills, for appellant.

Charles J. Hynes, District Attorney of Kings County, Brooklyn (Ann Bordley and Roseann B. MacKechnie of counsel), for respondent.

Chief Judge KAYE and Judges TITONE, BELLACOSA, SMITH, LEVINE, CIPARICK and WESLEY concur.

MEMORANDUM.

The order of the Appellate Division should be reversed, and the case remitted to that Court for consideration of the facts (see, CPL 470.25 [2] [d]; 470.40 [2] [b]).

After the court informed the jurors to cease deliberating for the evening on March 22, 1995, and while the jurors were retrieving their personal belongings from the deliberation room, one or more jurors asked a court officer to inform...

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