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PEOPLE v. RIVERA

No. 72.

15 N.Y.3d 207 (2010)

933 N.E.2d 183

906 N.Y.S.2d 785

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALEX RIVERA, Appellant.

Court of Appeals of New York.

Decided May 6, 2010.

Attorney(s) appearing for the Case

Lisa Napoli , New York City, and Lynn W.L. Fahey for appellant.

Charles J. Hynes , District Attorney, Brooklyn ( Diane R. Eisner and Leonard Joblove of counsel), for respondent.

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

OPINION OF THE COURT

JONES, J.

This appeal requires us to determine whether the trial court violated Criminal Procedure Law § 310.70 when it instructed the jury to render a partial verdict, in which the jury acquitted defendant of four counts and convicted him of one, refused to accept said verdict after it was announced in open court, and then ordered the jury to continue deliberations on all the counts submitted to it. We conclude that the...

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