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PEOPLE v. MORRIS

No. 126 SSM 20

27 N.Y.3d 1096 (2016)

55 N.E.3d 1025

36 N.Y.S.3d 52

2016 NY Slip Op 04327

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. SHANE MORRIS, Respondent.

Court of Appeals of New York.

Decided June 7, 2016.

Attorney(s) appearing for the Case

Richard A. Brown , District Attorney, Kew Gardens ( Sharon Y. Brodt of counsel), for appellant.

Lynn W.L. Fahey , Appellate Advocates, New York City ( David P. Greenberg of counsel), for respondent.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed and the case remitted to that Court for consideration of the facts and issues raised but not determined on the appeal to that Court.

During deliberations, the jury sent a note requesting a readback of the testimony of a prosecution witness. The trial court did not discuss the content of the note or the court's intended response with counsel on the record before...

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