People v. Flores

O’Connor, J.,

dissents and votes to affirm the judgment appealed from, with the following memorandum: During deliberations, the jury sent a note to the Trial Judge, requesting, insofar as pertinent here, "the testimony of Carlos Diaz [Vi-era] pertaining specifically to what he heard and saw out the window”. In an endeavor to comply with the jurors’ request, Criminal Term selected portions of the witness’ direct and cross-examination to be read back but interpreted the request not to include the witness’ testimony before the Grand Jury, which defense counsel had introduced on cross-examination…