Decided On : 6/7/2016
AD4 order dated May 2, 2014, reversing judgment of conviction. Decision below: 117 AD3d 1450, 984 NYS2d 768. Lindley, J. (AD dissenter), granted leave to People June 30, 2014. To be argued April 26, 2016 (reargument).
ISSUE PRESENTED: Whether the trial court’s acceptance of a jury verdict without first responding to three jury notes was a mode-of-proceedings error requiring reversal despite the lack of an objection. (Assigned counsel for defendant: Timothy P. Donaher, Monroe County Public Defender, 10 N. Fitzhugh St., Rochester, NY 14614.)