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PEOPLE v. LINDSAY

1761, 90054/05

68 A.D.3d 549 (2009)

2009 NY Slip Op 9303

889 N.Y.S.2d 462

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LATISHA LINDSAY, Appellant.

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

Decided December 15, 2009.

The challenged portion of the court's response to a note from the deliberating jury indicating an inability to agree on a verdict was not prejudicial (see generally People v Agosto, 73 N.Y.2d 963, 966-967 [1989]). The court's statement that the jury could start "at the bottom," and that it could begin, "for instance," with the relatively simple issue of whether defendant entered the premises where the crime occurred, did not suggest...

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