People v. Johnson

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Goldman, J.), rendered April 13, 1988, convicting him of attempted robbery in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is reversed, on the law, and a new trial is ordered. No questions of fact have been raised or considered.

The People concede that after receiving a note from the jury stating that they were at an impasse, the trial court directed a court officer to go into the jury room to instruct the jury to continue their deliberations. Neither the attorneys nor the…