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You are here: Home1 / Criminal Law2 / Trial Judge’s Violation of CPL 310.30 in Responding to Jury Note Constituted R...
Criminal Law

Trial Judge’s Violation of CPL 310.30 in Responding to Jury Note Constituted Reversible “Mode of Proceedings” Error

In reversing a conviction because the trial judge did not handle a jury note properly, in violation of CPL 310.30, the Second Department explained:

…[T]he court received a substantive jury note but did not set that note forth on the record and allow counsel a full opportunity to suggest an appropriate response. …[T]he court failed to fulfill its core responsibilities under CPL 310.30, thereby committing a mode of proceedings error that is exempt from the preservation requirements and requires reversal … . Accordingly, the judgment must be reversed, and a new trial ordered … . People v Howell, 2013 NY Slip Op 03342, 2nd Dept, 5-8-13

 

May 8, 2013
Tags: APPEALS, JUDGES, JURY NOTES, MODE OF PROCEEDINGS ERRORS, Second Department
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