Opinion
March 31, 1994
Appeal from the Supreme Court, New York County (Thomas Galligan, J.).
The court responded "meaningfully" to the jury's note requesting further instruction and information (CPL 310.30; see, People v. Almodovar, 62 N.Y.2d 126, 131-132). There was nothing on the face of the note, or otherwise, to suggest that the jury was considering the two vials of crack that were never introduced in evidence in disregard of the court's repeated instructions and the People's articulated theory. Thus, there was no need for the court to ask the jury to clarify its note.
Concur — Sullivan, J.P., Wallach, Rubin and Nardelli, JJ.