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PEOPLE v. MEYERS

No. 60 SSM 6.

33 N.Y.3d 1018 (2019)

125 N.E.3d 822

102 N.Y.S.3d 157

2019 NY Slip Op 03658

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. VINCENT MEYERS, Appellant.

Court of Appeals of New York.

Decided May 9, 2019.

Attorney(s) appearing for the Case

Halscott Megaro, P.A., Orlando, Florida (Patrick Michael Megaro, of counsel), for appellant.

Madeline Singas, District Attorney, Mineola (Pamela Kelly-Pincus, of counsel), for respondent.

Chief Judge DIFIORE and Judges RIVERA, STEIN, FAHEY, WILSON and FEINMAN concur; Judge GARCIA concurs in result in an opinion.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed. While preparing defendant's appeal, counsel discovered a purported jury note, marked as Court Exhibit XIV, in the court file maintained by the County Clerk. Significant ambiguity existed in the record concerning the circumstances in which the exhibit was marked and entered into the court file, including ambiguity as to whether the jury sent the exhibit to the court or...

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