PEOPLE v. MERCADO


91 N.Y.2d 960 (1998)

695 N.E.2d 711

672 N.Y.S.2d 842

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

Court of Appeals of the State of New York.

Decided April 30, 1998.


Attorney(s) appearing for the Case

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

Robert T. Johnson, District Attorney of Bronx County, Bronx (Daniel R. Wanderman, Joseph N. Ferdenzi and Robert L. Moore 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 affirmed.

On appeal, defendant assigns various claims of error arising out of a juror's initial silence when polled about the verdict. Among his remaining contentions, defendant argues that the trial court erroneously gave an "acting-in-concert" instruction in response to a note from the deliberating jury requesting further explanation of some of the crimes...

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