16 N.Y.3d 480 (2011)
When a jury returns a verdict that is inconsistent with the court’s instructions, the court is obligated to explain the defect and direct the jury to reconsider, and is not required to provide prior notice to counsel of its intended response.
Summary
Williams was convicted of second-degree murder (transferred intent), attempted second-degree murder, and weapon possession. The convictions stemmed from a shooting at a dance club. The jury initially returned an inconsistent verdict, acquitting Williams of intentional murder but convicting him of attempted murder. The trial court, without notifying counsel beforehand, explained the inconsistencies and directed the jury to reconsider. The Court of Appeals held that the trial court acted properly under CPL 310.50(2), as the court was responding to a defective verdict, not a jury request for further instruction under CPL 310.30. Thus, prior notice to counsel was not required.
Facts
Williams was indicted on multiple charges, including murder, manslaughter, attempted murder, assault, and weapon possession, relating to a shooting at a dance club where a woman was killed and a man wounded. The prosecution argued that the male victim was the intended target, and the woman was killed accidentally. During deliberations, the jury initially acquitted Williams of second-degree murder (both depraved indifference and transferred intent) but convicted him of first-degree manslaughter and attempted second-degree murder.
Procedural History
The trial court found the initial verdict inconsistent and instructed the jury to reconsider. After further deliberations and an Allen charge, the jury returned a second verdict, which the court also found deficient. Eventually, the jury reached a third verdict, convicting Williams of second-degree murder (transferred intent), attempted second-degree murder, and weapon possession. The Appellate Division affirmed the conviction, and the New York Court of Appeals granted leave to appeal.
Issue(s)
1. Whether the trial court erred by not providing notice to defense counsel before responding to the jury’s initial inconsistent verdict, in violation of CPL 310.30.
2. Whether the trial court improperly directed the jury foreperson to complete the verdict sheet in open court, thereby causing the jury to deliberate in public.
Holding
1. No, because CPL 310.50(2), which governs responses to inconsistent verdicts, does not require prior notice to counsel, unlike CPL 310.30, which applies to jury requests for further instruction.
2. No, because the court’s direction to the foreperson amounted to a ministerial act and did not violate the principle of secret jury deliberations, especially since the counts in question resulted in acquittals.
Court’s Reasoning
The Court reasoned that CPL 310.30 applies only when the jury requests further instruction or information, whereas CPL 310.50(2) applies when the jury returns a verdict that is inconsistent with the court’s instructions. The Court emphasized that the Legislature deliberately omitted the notice requirement from CPL 310.50(2), indicating a conscious choice not to require notice in cases of inconsistent verdicts. The court stated, “CPL 310.30 applies to specific ‘request[s]’ by the jury ‘for further instruction or information’…whereas CPL 310.50 (2) applies when a jury ‘renders a verdict which in form is not in accordance with the court’s instructions or which is otherwise legally defective.’” The Court also found that directing the jury foreperson to complete the verdict sheet was a ministerial act, as CPL 310.50(3) converts any incomplete counts into acquittals, and thus did not constitute improper public deliberation. The court stated, “We hold that the performance of the instant ministerial act was not violative of the rule requiring jurors to deliberate in secret outside the courtroom.”