It is hereby ordered that the case is held, the decision is reserved and the matter is remitted to Supreme Court, Monroe County, for a reconstruction hearing in accordance with the following memorandum: On appeal from a judgment convicting him following a jury trial of two counts of assault in the first degree (Penal Law § 120.10 [1]), defendant contends that Supreme Court erred in failing to respond in a proper manner to a jury note requesting an exhibit. It is well...
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