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PEOPLE v. PERALTA

9227, 5388/15.

172 A.D.3d 457 (2019)

97 N.Y.S.3d 850

2019 NY Slip Op 03539

The People of the State of New York, Respondent, v. Victor Peralta, Appellant.

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

Decided May 7, 2019.

As the People concede, defendant is entitled to a new trial because the court provided written instructions to the jury, at its request, but over defendant's objection (see People v Johnson, 81 N.Y.2d 980 [1993]).

Because we are ordering a new trial, we decline to reach any other issues, except that we find that the verdict was based on legally sufficient evidence and was not against the weight of

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