You are here: / / FAILURE TO PROVIDE MEANINGFUL NOTICE OF THE CONTENTS OF A JURY NOTE IS...
,

FAILURE TO PROVIDE MEANINGFUL NOTICE OF THE CONTENTS OF A JURY NOTE IS A MODE OF PROCEEDINGS ERROR WHICH NEED NOT BE PRESERVED; FAILURE TO PROVIDE A MEANINGFUL RESPONSE TO A JURY NOTE, HOWEVER, IS NOT A MODE OF PROCEEDINGS ERROR AND MUST BE PRESERVED BY OBJECTION.

The Court of Appeals, reversing the Appellate Division, determined the trial judge’s acceptance of a verdict before responding to the jury’s request for a readback was not a mode of proceedings error and therefore must be preserved by objection. Just prior to the verdict, the judge had read the jury’s request verbatim in the presence of counsel, defendant and the jury. The judge’s failure to respond to the request (unlike a failure to apprise the parties of the contents of the request) is not a mode of proceedings error:

… “[W]here counsel has meaningful notice of the content of a jury note and of the trial court’s response, or lack thereof, to that note, the court’s alleged violation of the meaningful response requirement does not constitute a mode of proceedings error, and counsel is required to preserve any claim of error for appellate review” … .

Here, the trial court complied with its responsibility to provide counsel with meaningful notice of the jury’s notes by reading the notes verbatim into the record in the presence of counsel, defendant, and the jury … . Inasmuch as counsel had meaningful notice of the jury notes, the trial court’s failure to provide a response to the jury’s outstanding request for a readback of testimony before accepting the verdict does not constitute a mode of proceedings error … . Counsel was required to object to preserve any claim of error for this Court’s review. “Although the court’s procedure here may have been error, it was not a mode of proceedings error, and we have no jurisdiction to review it” .. . . People v Wiggs, 2016 NY Slip Op 06860, CtApp 10-20-16

CRIMINAL LAW (FAILURE TO PROVIDE MEANINGFUL NOTICE OF THE CONTENTS OF A JURY NOTE IS A MODE OF PROCEEDINGS ERROR WHICH NEED NOT BE PRESERVED; FAILURE TO PROVIDE A MEANINGFUL RESPONSE TO A JURY NOTE, HOWEVER, IS NOT A MODE OF PROCEEDINGS ERROR AND MUST BE PRESERVED BY OBJECTION)/APPEALS (CRIMINAL LAW, FAILURE TO PROVIDE MEANINGFUL NOTICE OF THE CONTENTS OF A JURY NOTE IS A MODE OF PROCEEDINGS ERROR WHICH NEED NOT BE PRESERVED; FAILURE TO PROVIDE A MEANINGFUL RESPONSE TO A JURY NOTE, HOWEVER, IS NOT A MODE OF PROCEEDINGS ERROR AND MUST BE PRESERVED BY OBJECTION)/JURY NOTES (CRIMINAL LAW, FAILURE TO PROVIDE MEANINGFUL NOTICE OF THE CONTENTS OF A JURY NOTE IS A MODE OF PROCEEDINGS ERROR WHICH NEED NOT BE PRESERVED; FAILURE TO PROVIDE A MEANINGFUL RESPONSE TO A JURY NOTE, HOWEVER, IS NOT A MODE OF PROCEEDINGS ERROR AND MUST BE PRESERVED BY OBJECTION)/MODE OF PROCEEDINGS ERROR (FAILURE TO PROVIDE MEANINGFUL NOTICE OF THE CONTENTS OF A JURY NOTE IS A MODE OF PROCEEDINGS ERROR WHICH NEED NOT BE PRESERVED; FAILURE TO PROVIDE A MEANINGFUL RESPONSE TO A JURY NOTE, HOWEVER, IS NOT A MODE OF PROCEEDINGS ERROR AND MUST BE PRESERVED BY OBJECTION)

You might also like
Rule Allowing Testing of Horses for Speed-Enhancing Drugs at Times Other than Just Before a Race Is a Valid Exercise of Racing & Wagering Board’s Authority
QUESTIONS OF FACT HAD BEEN RAISED IN PLAINTIFF’S MALICIOUS PROSECUTION AND FALSE ARREST ACTIONS AGAINST POLICE OFFICERS, DEFENSE SUMMARY JUDGMENT MOTION SHOULD NOT HAVE BEEN GRANTED.
BRUTAL, UNPROVOKED ATTACK ON CLAIMANT, AN INMATE, BY CORRECTION OFFICERS WAS DEEMED TO HAVE NO RELATION TO THE DUTIES OF A CORRECTION OFFICER; THEREFORE THE ATTACK WAS NOT WITHIN THE SCOPE OF THE OFFICERS’ EMPLOYMENT AND THE STATE, AS A MATTER OF LAW, IS NOT LIABLE UNDER A RESPONDEAT SUPERIOR THEORY (CT APP).
PUBLIC HEALTH LAW SECTION 18 (2) (e) DOES NOT CREATE A PRIVATE RIGHT OF ACTION FOR THE VIOLATION OF THE REQUIREMENT THAT NO MORE THAN $ .75 PER PAGE CAN BE CHARGED FOR MEDICAL RECORDS (CT APP).
CLAIMANT’S SEXUAL ABUSE CONVICTION WAS VACATED AFTER THE ALLEGED VICTIM RECANTED; CLAIMANT BROUGHT AN ACTION AGAINST THE STATE PURSUANT TO COURT OF CLAIMS ACT SECTION 8-B FOR UNJUST CONVICTION AND IMPRISONMENT; THE COURT OF CLAIMS PROPERLY FOUND CLAIMANT DID NOT PROVE HIS INNOCENCE BY CLEAR AND CONVINCING EVIDENCE (CT APP).
GEORGIA BURGLARY STATUTE WAS EQUIVALENT TO A NEW YORK VIOLENT FELONY DESPITE THE ABSENCE OF AN EXPLICIT INTENT ELEMENT BECAUSE THE LESSER INCLUDED OFFENSE OF CRIMINAL TRESPASS INCLUDED A KNOWINGLY ELEMENT (CT APP).
DEFENDANT’S SIGNING A WRITTEN WAIVER OF THE RIGHT TO AN INDICTMENT BY GRAND JURY MET CONSTITUTIONAL REQUIREMENTS, ALTHOUGH BETTER PRACTICE WOULD INCLUDE ELICITING DEFENDANT’S UNDERSTANDING OF THE RIGHT BEING WAIVED (CT APP).
Absent Defendant Did Not Receive Effective Assistance of Counsel​

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

DEFENDANT’S SPEEDY TRIAL ARGUMENT PRESERVED BY A HEARING; HAD THE HEARING... ADMISSIBILITY OF DOCUMENT ORIGINALLY CREATED IN ELECTRONIC FORM, HERE A RECORD...