AD1 order dated October 11, 2012, affirming judgment of conviction. Decision below: 99 AD3d 522, 951 NYS2d 867. Smith, J., granted leave July 10, 2013.

ISSUES PRESENTED: (1) Whether the First Department erred in holding that, because a jury note – marked as a court exhibit – did not result in a response by the court or any other mention in the transcript, the defendant could not argue on appeal that the trial court erred in not disclosing and responding to that note. (2) Prosecutorial misconduct on summation.

See Hanson