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PEOPLE v. HICKS

6 N.Y.3d 737 (2005)

843 N.E.2d 1136

810 N.Y.S.2d 396

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TYRONE HICKS, Appellant.

Court of Appeals of the State of New York.

Decided December 20, 2005.

Attorney(s) appearing for the Case

Kuby & Perez LLP, New York City (Ronald L. Kuby of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Jacob Kaplan, Joseph N. Ferdenzi and Stanley R. Kaplan of counsel), for respondent.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed.

Defendant was charged with rape in the first degree and related crimes stemming from a sexual assault perpetrated against a female victim. During deliberations, the trial judge received a note from the jury foreperson asking to speak to the judge. When questioned in court, the foreperson explained that the jury had a concern that one of its members "should be...

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