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PEOPLE v. MOSLEY

282 A.D.2d 314 (2001)

723 N.Y.S.2d 457

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CURTIS MOSLEY, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LUKE MATTHEWS, Appellant.

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

Decided April 17, 2001.

Considering the form of the jury's questions, the issues raised at trial and the lack of prejudice to defendants, the court properly exercised its discretion in rereading the acting in concert charge in response to notes from the deliberating jury (see, People v Mercado, 91 N.Y.2d 960; People v Almodovar, 62 N.Y.2d 126, 131-132; People v Vallo, 161 A.D.2d 327

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