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PEOPLE v. TABB

No. 213 SSM 47

13 N.Y.3d 852 (2009)

891 N.Y.S.2d 686

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHRISTIAN TABB, Appellant.

Court of Appeals of New York.

Decided November 24, 2009.

Attorney(s) appearing for the Case

Legal Aid Bureau of Buffalo, Inc., Buffalo (Robert B. Hallborg, Jr., David C. Schopp and Barbara J. Davies of counsel), for appellant.

Frank A. Sedita, III, District Attorney, Buffalo (Raymond C. Herman of counsel), for respondent.

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

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed and a new trial ordered.

During deliberations, the jury sent a note to the trial court that asked for direction on, or an explanation of, "the legal definition of self defense." Nothing in the record indicates that the court informed defense counsel and the prosecutor about the contents of the note. In the absence of record proof that the trial court complied...

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