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PEOPLE v. LEWIS

3350, 4824/05.

77 A.D.3d 579 (2010)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EUGENE LEWIS, Appellant.

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

Decided October 28, 2010.

The record establishes that the court received a note from the jury requesting substantive legal instructions on the elements of the charged crimes. Without reading the note into the record, either verbatim or otherwise, the court responded with substantive instructions. There is no indication in the record that the attorneys ever saw the note, knew of its contents, knew of the court's proposed instructions, or had an opportunity...

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