You are here: / / A NEW TRIAL IS REQUIRED BECAUSE THE JUDGE DID NOT RESPOND TO A NOTE FROM...
,

A NEW TRIAL IS REQUIRED BECAUSE THE JUDGE DID NOT RESPOND TO A NOTE FROM THE JURY (SECOND DEPT).

The Second Department, reversing defendant’s conviction, determined the judge committed a mode of proceedings error by not responding to a note from the jury:

… [A] new trial is required based upon the Supreme Court’s failure to comply with CPL 310.30, in accordance with the procedures set forth in People v O’Rama (78 NY2d 270, 279). CPL 310.30 “imposes two responsibilities on trial courts upon receipt of a substantive note from a deliberating jury: the court must provide counsel with meaningful notice of the content of the note, and the court must provide a meaningful response to the jury” … . Where a trial court fails to fulfill its responsibility to provide meaningful notice of the content of the note, “a mode of proceedings error occurs, and reversal is . . . required even in the absence of an objection” … .

Here, the jury submitted a note requesting to view a specific portion of surveillance video taken from the victim’s building. The Supreme Court failed to notify the parties regarding the existence of the note, failed to read the contents of the note into the record, and failed to respond to the note. People v Everett, 2021 NY Slip Op 00575, Second Dept 2-3-21

 

You might also like
THE FEDERAL FELONY DID NOT QUALIFY AS A NEW YORK PREDICATE FELONY, DEFENDANT SHOULD NOT HAVE BEEN SENTENCED AS A SECOND FELONY OFFENDER (SECOND DEPT).
Glass Plate in Wall Under Demolition Was Not a “Falling Object” within the Meaning of Labor Law 240 (1)
THE BANK IN THIS FORECLOSURE ACTION DID NOT PRESENT SUFFICIENT EVIDENCE OF DEFENDANTS’ DEFAULT (SECOND DEPT).
PLAINTIFF REAL ESTATE BROKER DID NOT ESTABLISH IT WAS ENTITLED TO A BROKERAGE FEE; THE BROKERAGE AGREEMENT EXPIRED BY ITS OWN TERMS BEFORE THE LEASE TOOK EFFECT (SECOND DEPT).
DEFECTIVE A-FRAME LADDER ENTITLED PLAINTIFF TO SUMMARY JUDGMENT IN THIS LABOR LAW 240 (1) ACTION, STATEMENTS IN MEDICAL RECORDS WERE INADMISSIBLE HEARSAY (SECOND DEPT).
THE JUDGE’S LAW CLERK WAS A DA WHO HAD WORKED ON DEFENDANT’S CASE; THE JUDGE SHOULD HAVE RECUSED HIMSELF FROM THE SENTENCING (SECOND DEPT).
MOTION TO AMEND THE COMPLAINT BY NAMING PLAINTIFF IN HER CAPACITY AS THE REPRESENTATIVE OF HER HUSBAND’S ESTATE, WHERE THE ORIGINAL COMPLAINT WAS ERRONEOUSLY BROUGHT IN HER INDIVIDUAL CAPACITY, WAS PROPERLY GRANTED (SECOND DEPT).
FAILURE TO READBACK THE CROSS OF AN IMPORTANT WITNESS PURSUANT TO THE JURY’S REQUEST REQUIRED REVERSAL IN THE INTEREST OF JUSTICE.

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

THE GRAND LARCENY TOOK PLACE IN NEW JERSEY AND IS NOT A “RESULT OFFENSE;”... DEFENDANT TOOK THE GUN FROM THE VICTIM AND KILLED THE VICTIM IN SELF DEFENSE;...