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PEOPLE v. ALEMAN

12 N.Y.3d 806 (2009)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JUAN CARLOS ALEMAN, Appellant.

Court of Appeals of New York.

Decided April 30, 2009.

Attorney(s) appearing for the Case

Office of the Appellate Defender, New York City (Richard M. Greenberg and Christina Graves of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York City (Alice Wiseman and Hilary Hassler of counsel), for respondent.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed and the case remitted for a new trial.

In response to a note from the deliberating jury stating that it was "hopelessly deadlocked" and that some jurors were inclined to acquit because defendant had spent some time in jail and deserved another chance, the trial court gave a lengthy, rambling instruction that chided the...

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