People v. Cruz

Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of two counts of assault in the first degree (Penal Law § 120.10 [1]). We previously held the case, reserved decision and remitted the matter to Supreme Court for a reconstruction hearing on the issues whether there was a jury note requesting an exhibit and, if so, what action the court took with respect to that note (People v Cruz, 42 AD3d 901 [2007]). During the course of the reconstruction hearing, defendant and the prosecutor agreed that the jury note in question requested the written statement of defendant…