Decided On : 6/7/2016
AD2 order dated August 27, 2014, reversing judgment of conviction and ordering a new trial. Decision below: 120 AD3d 835, 991 NYS2d 454. Graffeo, J., granted leave to People November 25, 2014.
ISSUE PRESENTED: Whether the O’Rama holding (78 NY2d 270) should be overruled to the extent that it designates a violation a “mode of proceedings” error. (Assigned counsel for respondent: David P. Greenberg and Lynn W.L. Fahey, Appellate Advocates, 111 John St., 9th Floor, NYC 10038.)