With the approval of both the prosecutor and defense counsel, the court rejected a verdict of guilty on the lesser included offense of manslaughter in the second degree as nonunanimous, based on a notation on the verdict sheet indicating that the jury's vote on the count was divided. It did not poll the jury to determine whether the guilty verdict announced in court by the foreperson was unanimous. This reliance on the verdict sheet, instead of the verdict itself, was improper...
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