Opinion
March 31, 1966
Appeal from the Erie Trial Term.
Present — Bastow, J.P., Goldman, Henry, Del Vecchio and Marsh, JJ.
Judgment unanimously affirmed, without costs of this appeal to either party. Memorandum: In the light of the factual situation presented here it does not appear the defendant could have been prejudiced either by the court's confused instructions in answer to a juror's question, later clarified, or by his unusual conduct in having the jury returned to the court-room after two hours' deliberation to ask of each individual juror if he had any question, which practice we do not approve. While some of the ensuing questions and comments added only to the confusion of the situation there would appear to be nothing presented that prejudiced the rights of the parties to a fair and proper determination of the issues.