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PEOPLE v. DIAZ

4047. 1819/11.

150 A.D.3d 538 (2017)

2017 NY Slip Op 04044

56 N.Y.S.3d 40

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JASON DIAZ, Appellant.

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

Decided May 18, 2017.

The record does not reflect that the court read or showed a jury note to the parties or afforded them an opportunity to provide input before the court responded to the note, and it cannot be presumed that the court complied with CPL 310.30 in a preceding off-the-record conference (see People v Silva, 24 N.Y.3d 294, 299-300 [2014]; People v Walston, 23 N.Y.3d 986, 990 [2014]). Although defendant...

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