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MATTER OF SMITH v. BROWN

No. 168

24 N.Y.3d 981 (2014)

20 N.E.3d 987

996 N.Y.S.2d 207

2014 NY Slip Op 07090

In the Matter of ERIC SMITH, Respondent, v. RICHARD A. BROWN, Appellant, et al., Respondents.

Court of Appeals of New York.

Decided October 21, 2014.

Attorney(s) appearing for the Case

Richard A. Brown , District Attorney, Kew Gardens ( Jill A. Gross-Marks and John M. Castellano of counsel), for appellant.

Patrick Michael Megaro , Uniondale, for respondent.

Judges GRAFFEO, READ, SMITH, PIGOTT, RIVERA and ABDUS-SALAAM concur; Chief Judge LIPPMAN concurs in result in an opinion.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, without costs, and the petition dismissed.

Petitioner Eric Smith was charged with weapon possession after the police stopped him for a traffic infraction and discovered that he was carrying a loaded handgun. During jury deliberations, two jurors sent a note to the court reporting that juror 11 had recounted to the entire jury "a conversation he had with a lawyer...

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