AD4 order dated March 28, 2014, reversing judgment of conviction. Decision below: 115 AD3d 1291, 983 NYS2d 377. Smith, J. (AD dissenter), granted leave to the People July 17, 2014.

ISSUE PRESENTED: Whether the trial court’s failure to notify a pro se defendant of a jury note requesting exhibits (CPL §310.20[1]) is a mode-of-proceedings error requiring reversal, even in the absence of preservation. (Assigned counsel: William J. Comiskey, 677 Broadway, Suite 301, Albany, NY 12207.)