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PEOPLE v. PEREZ

2507, 1850/09.

145 A.D.3d 571 (2016)

2016 NY Slip Op 08471

41 N.Y.S.3d 890

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LAWRENCE PEREZ, Appellant.

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

Decided December 15, 2016.

As this Court determined on a jointly tried codefendant's appeal (People v Franqui, 123 A.D.3d 512 [1st Dept 2014], lv denied 25 N.Y.3d 1163 [2015]), and as the People concede, reversal is required because of the absence of an inquiry into whether, and to what extent, a juror slept during the trial.

We decline to revisit this Court's prior order, which granted the People's motion...

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