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PEOPLE v. SIMMONS

1740, 2783/10.

142 A.D.3d 884 (2016)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DEREK J. SIMMONS, Appellant.

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

Decided September 27, 2016.

In response to a jury note asking whether defendant could be convicted on one of the submitted counts and not the other, the court first responded that the "answer is yes." However, after the jury informed the court that it had reached a verdict, the court "corrected" its answer, telling the jury that one of the possible verdicts it could render — guilty of grand larceny in the third degree but not guilty of criminal possession...

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