People v. Kadarko

OPINION OF THE COURT

Pigott, J.

Defendant was indicted and tried for allegedly robbing food deliverymen on five separate occasions. During the course of jury deliberations, the jury sent several notes to the court. At issue on this appeal is the treatment of one of those notes, which stated:

“Are still divided as follows regarding alleged robberies on :“7/14/04 8 to 4 “7/26/04 11 to 1 “7/20/04 10 to 2 “8/3/04 l1 to 1 “8/9/04 11 to 1.”

Upon receiving the note, the trial judge, outside the presence of the jury, explained the note’s contents to counsel. Believing it inappropriate for him to show…