You are here: / / FAILURE TO PROVIDE MEANINGFUL NOTICE OF A JURY NOTE REQUIRED REVERSAL.

FAILURE TO PROVIDE MEANINGFUL NOTICE OF A JURY NOTE REQUIRED REVERSAL.

The Fourth Department determined the judge’s failure to provide meaningful notice of a jury note, which was sent out just before a note stating the jury had reached a verdict, was a mode of proceedings error requiring reversal:

​

… [T]he record fails to reflect that the court provided defense counsel with meaningful notice of a substantive jury note … Thus, a mode of proceedings error occurred, requiring reversal … . The record reflects that, during a period of approximately 30 minutes when the court had excused counsel, the jury sent three notes, which the court properly marked as court exhibits. The last note stated that the jury had reached a verdict; a prior note, however, stated “we the jury request a copy of the wording of the law.” Inasmuch as the court would have been prohibited from providing the jury with either a copy of the statute, or a copy of its jury instructions, without the consent of defendant … . we reject the contention of the People that the note was ministerial, and not substantive … . People v Holloman, 2017 NY Slip Op 05015, 4th Dept 6-16-17

CRIMINAL LAW (JURY NOTES, FAILURE TO PROVIDE MEANINGFUL NOTICE OF A JURY NOTE REQUIRED REVERSAL)/JURY NOTES (CRIMINAL LAW, FAILURE TO PROVIDE MEANINGFUL NOTICE OF A JURY NOTE REQUIRED REVERSAL)

You might also like
QUESTION OF FACT WHETHER TOWN EASEMENTS ARE SUBJECT TO THE PUBLIC TRUST DOCTRINE SUCH THAT THE LAND CANNOT BE CONVEYED TO A DEVELOPER WITHOUT LEGISLATIVE APPROVAL; OPEN MEETINGS LAW WAS NOT VIOLATED BY POSTING RELEVANT DOCUMENTS ONLY SEVEN HOURS BEFORE THE TOWN MEETING (FOURTH DEPT).
Even If Initial Frisk of Defendant Was Unlawful, the Defendant’s Pushing the Officer and Running Away Justified the Defendant’s Arrest (for Harassment of the Officer) and Seizure of Drugs
PLAINTIFF AND DEFENDANT WERE HUNTING TURKEY WHEN DEFENDANT SHOT PLAINTIFF; PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT ON LIABILITY SHOULD HAVE BEEN GRANTED, NOTWITHSTANDING POSSIBLE COMPARATIVE-NEGLIGENCE ISSUES (FOURTH DEPT).
Larceny Jury Instruction Shifted Burden of Proof to Defendant—Reversal Required In Absence of Preservation of the Error
AT THE FRYE HEARING, THE PEOPLE DEMONSTRATED THE ADMISSIBILITY OF THE RESULTS OF DNA ANALYSIS USING THE STRMIX DNA ANALYSIS PROGRAM (FOURTH DEPT).
Defendant Should Have Been Allowed to Testify Before the Grand Jury
Late Motion to Amend Answer Should Not Have Been Granted/Violation of Vehicle and Traffic Law Established Negligence as a Matter of Law/Striking of Affirmative Defense Based on Brake Failure Proper Because Brakes Were Replaced (Spoliation of Evidence)/Fact that Defendant-Driver’s Negligence Was Sole Proximate Cause of the Accident As a Matter of Law Did Not Preclude Comparative Negligence Affirmative Defense
PLAINTIFF ALLEGED DEFENDANT HOSPITAL WAS NEGLIGENT IN PLACING HIM IN A ROOM WITH A PERSON WITH COVID; PLAINTIFF WAS ENTITLED TO DISCOVERY OF THAT PERSON’S MEDICAL RECORDS TO DETERMINE WHEN THE HOSPITAL BECAME AWARE OF THE COVID DIAGNOSIS (FOURTH DEPT).

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 © 2025 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

COUNTY COURT FAILED TO MAKE A YOUTHFUL OFFENDER DETERMINATION, CASE REMITTE... DEFENDANT, WHO HAD BEEN RETAINED AFTER A PLEA OF NOT RESPONSIBLE BY REASON OF...