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PEOPLE v. KADARKO

56 A.D.3d 102 (2008)

867 N.Y.S.2d 32

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES KADARKO, Appellant.

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

October 9, 2008.

Attorney(s) appearing for the Case

Richard M. Greenberg, Office of the Appellate Defender, New York City (Alexandra Keeling and Joseph M. Nursey of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (T. Charles Won and Allen H. Saperstein of counsel), for respondent.

LIPPMAN, P.J., WILLIAMS and FREEDMAN, JJ., concur with TOM, J.; McGUTRE, J., dissents in a separate opinion.

OPINION OF THE COURT

TOM, J.

Defendant was tried on an indictment charging him with five counts of robbery in the first degree and five counts of robbery in the third degree in connection with the separate robberies of three men delivering Chinese food. The robberies of the three victims were committed, severally, on August 3 and 9, 2004, on July 14 and 26, 2004 and on July 20, 2004. During the course of deliberations, the jury sent several notes to the...

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