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STATE v. BROWN

827 A.2d 346 (2003)

362 N.J. Super. 180

STATE of New Jersey, Plaintiff-Respondent, v. Curtis BROWN, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided July 21, 2003.

Attorney(s) appearing for the Case

Yvonne Smith Segars, Public Defender, attorney for appellant (Charles H. Landesman, Designated Counsel, of counsel and on the brief).

Peter C. Harvey, Acting Attorney General, attorney for respondent (Catherine A. Foddai, Deputy Attorney General, of counsel and on the brief).

Before Judge KING, WECKER and LISA.

The opinion of the court was delivered by LISA, J.A.D.

During deliberations in this criminal trial, the jurors requested a readback of the victim's testimony. Over defense objection, the judge directed that the readback occur in the jury deliberation room, unsupervised by the judge, and out of the presence of defendant. Both counsel were permitted to be present. After the readback, defendant's mistrial motion was denied, as was his later motion for a new trial. We...

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