PEOPLE v. MIDDLETON


18 A.D.3d 670 (2005)

795 N.Y.S.2d 649

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DANA MIDDLETON, Appellant.

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

May 16, 2005.


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the trial court providently exercised its discretion when, on the second day of deliberations, after receiving several notes from the jury including requests to read back certain portions of the trial testimony, it inquired if the jury had agreed upon a verdict as to any of the three counts submitted, and then accepted a partial verdict on two of the counts (see People v Brown, ...

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