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PEOPLE v. KADARKO

No. 54

14 N.Y.3d 426 (2010)

928 N.E.2d 1025

902 N.Y.S.2d 828

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. JAMES KADARKO, Respondent.

Court of Appeals of New York.

Decided April 6, 2010.

Attorney(s) appearing for the Case

Robert T. Johnson , District Attorney, Bronx ( T. Charles Won , Joseph N. Ferdenzi and Allen H. Saperstein of counsel), for appellant.

Office of the Appellate Defender, New York City ( Alexandra Keeling , Richard M. Greenberg and Joseph M. Nursey of counsel), for respondent.

Judges CIPARICK, GRAFFEO, READ, SMITH and JONES concur; Chief Judge LIPPMAN taking no part.

OPINION OF THE COURT

PIGOTT, J.

Defendant was indicted and tried for allegedly robbing food deliverymen on five separate occasions. During the course of jury deliberations, the jury sent several notes to the court. At issue on this appeal is the treatment of one of those notes, which stated:

"Are still divided as follows regarding alleged robberies on: "7...

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