PEOPLE v. KELLY


11 A.D.3d 133 (2004)

781 N.Y.S.2d 75

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v THOMAS KELLY, Appellant.

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

August 19, 2004.


Attorney(s) appearing for the Case

Robert S. Dean, Center for Appellate Litigation, New York City (Abigail Everett of counsel), for appellant.

Thomas Kelly, appellant pro se.

Robert M. Morgenthau, District Attorney, New York City (Eleanor J. Ostrow and Hilary Hassler of counsel), for respondent.

NARDELLI, J.P., ANDRIAS and ELLERIN, JJ., concur.


OPINION OF THE COURT

SULLIVAN, J.

On appeal from his conviction of murder in the second degree, defendant cites as the basis for reversal, inter alia, the impropriety of a court officer's jury room demonstration, undertaken at the jury's request, of pulling a bayonet, the murder weapon, from its sheath. The issue is presented both on the direct appeal from the judgment of conviction and on the consolidated appeal, by leave of a Justice of this Court, from...

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