The People v. Kenneth Nealon

Summary

The New York Court of Appeals held that a trial court's failure to discuss a substantive jury note and its intended response with counsel outside the jury's presence, while reading the note verbatim in open court before responding, was not a mode of proceedings error. Because defense counsel had meaningful notice of the note's contents, an objection was required to preserve the claim for appellate review. The court reversed the Appellate Division's order and remitted the case for consideration of unresolved issues.

Holdings

1. When a trial court reads the precise contents of a substantive jury note verbatim into the record in open court in the presence of counsel, the defendant, and the jury before responding, the court's failure to discuss the note and intended response with counsel beforehand is not a mode of proceedings error, even though it departs from the preferred O'Rama procedure.
2. Because the trial court read the jury notes verbatim in the presence of counsel and counsel did not object to either the procedure or the responses, the claim was unpreserved for appellate review.

Questions Presented

1. Whether a trial court's failure to discuss a substantive jury note and its intended response with counsel outside the jury's presence constitutes a mode of proceedings error when the court reads the note verbatim into the record in the presence of counsel, the defendant, and the jury before responding.
2. Whether defense counsel's failure to object preserved the alleged O'Rama procedural error for appellate review.

Disposition

reversed_and_remanded