The People v. Terrance L. Mack

Summary

The New York Court of Appeals held that a trial court's failure to provide a meaningful response to a substantive jury note is not a mode of proceedings error when defense counsel had meaningful notice of the note and of the court's failure to respond. Accordingly, the claim was subject to preservation, and the court reversed the Appellate Division's order granting a new trial.

Holdings

1. When counsel has meaningful notice of the content of a jury note and of the trial court's response, or lack of response, the court's alleged violation of the meaningful-response requirement under Criminal Procedure Law § 310.30 is not a mode of proceedings error.
2. The Appellate Division erred in holding that preservation was unnecessary; because counsel did not object and the alleged error was not a mode of proceedings error, the Court of Appeals could not review the claim.

Questions Presented

1. Whether a trial court's failure to provide a meaningful response to substantive jury notes, when counsel had meaningful notice of both the notes and the court's failure to respond, constitutes a mode of proceedings error for which preservation is unnecessary.
2. Whether the defendant's claim regarding the trial court's failure to respond to the jury notes was preserved for appellate review.

Disposition

reversed_and_remanded