When the court granted the jury's midtrial request to take notes, this was contrary to section 220.10 (b) of the Uniform Rules for the New York State Trial Courts (22 NYCRR 220.10 [b]), which provides that a determination as to jury note-taking be made prior to opening statements. However, this irregularity, which was neither a constitutional nor a statutory violation, fell far short of being a "fundamental defect" (People v Agramonte,
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