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PEOPLE v. DeGANNES

3278, 3571/07

76 A.D.3d 935 (2010)

907 N.Y.S.2d 865

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SAMUEL DeGANNES, Appellant.

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

Decided September 30, 2010.

The court provided a meaningful response to a jury note (see People v Santi, 3 N.Y.3d 234, 248-249 [2004]; People v Malloy, 55 N.Y.2d 296 [1982]). When, due to lack of consent by defendant (see CPL 310.30), the court was unable to comply with the jury's request for a written definition of constructive possession, it properly exercised its discretion in giving an oral definition...

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