PEOPLE v. MOODY

2016-06871. Ind. No. 257/13.

200 A.D.3d 1072 (2021)

155 N.Y.S.3d 820

2021 NY Slip Op 07559

The People of the State of New York, Respondent, v. Quixotay Moody, Appellant.

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

Decided December 29, 2021.


Attorney(s) appearing for the Case

Patricia Pazner , New York, NY ( Anders Nelson of counsel), for appellant.

Michael E. McMahon , District Attorney, Staten Island, NY ( Morrie I. Kleinbart , Alexander Fumelli , and Thomas B. Litsky of counsel), for respondent.

Rivera, J.P., Maltese, Iannacci and Ford, JJ., concur.


Ordered that the judgment, as amended, is reversed, on the law, and a new trial is ordered.

During deliberations, the foreperson of the jury sent the Supreme Court a note advising that the jury had reached a verdict on one of the counts submitted to the jury, but was unable to come to a consensus on the remaining counts. The court instructed the jury regarding its duty to deliberate and reminded the jurors that they could see exhibits and have testimony read back...

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