People v. Litwa

—Judgment, Supreme Court, Bronx County (Fred Eggert, J.), rendered September 6, 1990, convicting defendant, after a jury trial, of arson in the third degree, and sentencing him to a term of 4 to 12 years, unanimously affirmed. The matter is remanded to Supreme Court, Bronx County for further proceedings pursuant to CPL 460.50 (5).

In a prior order of this Court (see, People v Litwa, 230 AD2d 638), we held the appeal in abeyance and remitted for a reconstruction hearing to ascertain whether a note received by *257the court from the forelady was upon the sole request of the deliberating jurors or…