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PEOPLE v. SALAS

47 A.D.3d 513 (2008)

851 N.Y.S.2d 29

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JESSIE SALAS, Appellant.

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

Decided January 24, 2008.

At issue on appeal is whether the court's response to two jury notes violated the principles of People v O'Rama (78 N.Y.2d 270, 277-278 [1991]). In each instance, the record reflects that defendant and counsel were present when there was a "pause in the proceedings," immediately after which the court brought the jury back to the courtroom, read the note into the record, and responded. Each time, defense counsel made no comment on...

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