New York Law Review

Tag: Jury Note

  • People v. Mack, 27 N.Y.3d 152 (2016): Jury Note Procedures and the Requirement of Objection for Appellate Review

    People v. Mack, 27 N.Y.3d 152 (2016)

    A trial court’s failure to follow the procedure outlined in <em>People v. O’Rama</em> when handling substantive jury inquiries does not constitute a mode of proceedings error requiring reversal if defense counsel was made aware of the note’s contents and did not object to the procedure.

    Summary

    The New York Court of Appeals addressed whether a trial court committed a mode of proceedings error by deviating from the <em>O’Rama</em> procedure for handling jury notes. The court held that because the trial court read the contents of the jury notes verbatim into the record in the presence of the parties and counsel, the deviation from the <em>O’Rama</em> procedure, while error, did not constitute a mode of proceedings error. Consequently, the defendant was required to object to the procedure to preserve the issue for appeal. The court emphasized the importance of adhering to the <em>O’Rama</em> guidelines to maximize counsel’s participation in the trial and to ensure a clear record for appellate review. The Appellate Division’s reversal was reversed, and the case was remitted for consideration of other factual issues.

    Facts

    The defendant was charged with robbery and related offenses. During jury deliberations, the jury sent three notes to the court requesting clarification on the charges. The trial court read the notes aloud in the presence of the parties, counsel, and the jury before responding to the jury’s inquiries. The defense counsel did not object to either the procedure followed by the trial court or to its responses to the jury. The jury subsequently reached a guilty verdict. The Appellate Division reversed the conviction, holding that the trial court had violated the <em>O’Rama</em> procedure and that this constituted a mode of proceedings error, which did not require preservation. The People appealed this decision to the Court of Appeals.

    Procedural History

    The defendant was found guilty in the Supreme Court, Queens County. The Appellate Division reversed the judgment, holding that the trial court had committed a mode of proceedings error by violating the <em>O’Rama</em> procedure and that preservation was not required. The Court of Appeals granted the People leave to appeal.

    Issue(s)

    1. Whether a trial court commits a mode of proceedings error when it fails to discuss a substantive jury note with counsel outside the presence of the jury, but reads the note into the record in the presence of the parties, counsel, and the jury before providing a response.

    Holding

    1. No, because the trial court complied with its core responsibility to give counsel meaningful notice of the jury’s notes by reading them into the record in open court in the presence of counsel, defendant, and the jury.

    Court’s Reasoning

    The Court of Appeals analyzed the trial court’s deviation from the <em>O’Rama</em> procedure in light of prior cases such as <em>People v. Starling</em>, <em>People v. Ramirez</em>, and <em>People v. Williams</em>. The court emphasized that the <em>O’Rama</em> procedure aims to maximize counsel’s participation in the trial. The Court distinguished the case from those where the court’s failure to provide the actual content of the jury note, resulting in counsel’s inability to effectively participate. The court held that because defense counsel was made aware of the contents of the notes (they were read verbatim in open court), and did not object to the procedure followed by the trial court, the issue was not preserved for appeal. The Court noted that the trial court’s action, while a deviation from the preferred <em>O’Rama</em> procedure, did not fall within the narrow category of mode of proceedings errors.

    Practical Implications

    This case underscores the importance of the <em>O’Rama</em> procedure in handling jury notes. The central message is that when a court provides meaningful notice by reading the contents of a jury note in open court and counsel does not object, any claims of error based on deviation from the <em>O’Rama</em> procedure are not preserved for appellate review. This highlights the need for counsel to be vigilant during jury deliberations and to make timely objections if the trial court’s procedure deviates from the established guidelines. This case may also lead to more precise application of the distinctions between substantive and ministerial jury inquiries.

  • People v. Kadarko, 14 N.Y.3d 426 (2010): Preserving Error Related to Jury Note Disclosure

    People v. Kadarko, 14 N.Y.3d 426 (2010)

    To preserve a claim of error relating to the disclosure of a jury note, defense counsel must object to the procedure employed by the trial court after being given notice of the contents of the note and knowledge of the court’s intended response.

    Summary

    Kadarko was convicted of robbery. During jury deliberations, the jury sent a note indicating their division on each of the alleged robberies. The trial judge informed counsel of the note’s contents but withheld the specific numerical breakdown until after giving an Allen charge. Defense counsel did not object to this procedure. The Appellate Division reversed, finding a mode of proceedings error. The Court of Appeals reversed, holding that while the trial court’s initial withholding of the numerical breakdown may have been error, it was not a mode of proceedings error because the court later corrected itself, and defense counsel failed to object.

    Facts

    Kadarko was indicted for robbing food deliverymen on five occasions. During deliberations, the jury sent a note to the court indicating their division on each robbery charge.

    Procedural History

    The trial court informed counsel of the contents of the jury note but withheld the specific numerical breakdown. Defense counsel moved for a mistrial, which was denied. After giving an Allen charge, the court showed counsel the complete note. The jury convicted Kadarko on one count, leading to a mistrial on the remaining counts. The Appellate Division reversed the conviction, finding a mode of proceedings error. The Court of Appeals granted leave to appeal and reversed the Appellate Division’s order.

    Issue(s)

    Whether the trial judge committed a mode of proceedings error when he initially failed to inform counsel of the verbatim contents of the jury’s note, including the numerical divisions, and whether the defendant preserved the error for appeal.

    Holding

    No, because the judge informed counsel of the note’s contents, defense counsel voiced no objection to the procedure, and the court later corrected itself by revealing the entire note without objection. The error, if any, was not preserved for appellate review.

    Court’s Reasoning

    The Court of Appeals distinguished this case from People v. O’Rama and People v. Kisoon, where the trial courts completely failed to provide counsel with meaningful notice of the jury’s note or an opportunity to respond. Here, the trial judge informed counsel of the contents of the note and the decision to withhold the numbers temporarily. The court emphasized that defense counsel failed to object to the procedure before or after the entire note was revealed. The Court cited People v. Starling, noting that when defense counsel is given notice of the contents of a jury note and knows the substance of the court’s intended response, counsel must object to preserve the claim for appellate review. The Court stated that while the initial withholding of information “may have been error, it was not a mode of proceedings error and the court later corrected itself, without objection or request for further instruction by either party.” The failure to object constituted a failure to preserve the issue for appeal.

  • People v. Alcide, 56 N.Y.2d 964 (1982): Duty to Respond to Jury Notes and Interested Witness Charge

    People v. Alcide, 56 N.Y.2d 964 (1982)

    A court’s failure to respond to a jury note constitutes reversible error only if it seriously prejudices the defendant, and an interested witness charge is proper when the court instructs the jury that they may consider whether any witness has an interest in the outcome of the case.

    Summary

    The defendant appealed his conviction, arguing that the trial court erred by not responding to a jury note and by improperly instructing the jury on interested witnesses. The jury note concerned two jurors’ request to be dismissed before sundown due to Sabbath observance. The Court of Appeals affirmed the Appellate Division’s order, holding that the failure to respond to the jury note did not seriously prejudice the defendant and that the interested witness charge was proper because the court instructed the jury that they could consider whether any witness had an interest in the outcome of the case.

    Facts

    During jury deliberations, the jury sent out several notes requesting exhibits, readbacks, or additional instructions. On the second day, two jurors sent a note stating they were Sabbath observers and requested dismissal before sundown. The court did not respond to this note and did not inform counsel of its existence. Twenty minutes after the note was sent, the jury announced it had reached a verdict, and the court accepted the verdict without addressing the note.

    Procedural History

    The defendant was convicted at trial. He appealed, arguing that the trial court’s failure to respond to the jury note and the interested witness charge were errors. The Appellate Division affirmed the conviction. The defendant then appealed to the New York Court of Appeals.

    Issue(s)

    1. Whether the trial court’s failure to respond to the jury note regarding the jurors’ Sabbath observance constituted reversible error under CPL 310.30?

    2. Whether the trial court erred in its instruction to the jury regarding interested witnesses?

    Holding

    1. No, because the failure to respond to the jury note did not seriously prejudice the defendant.

    2. No, because the court gave a standard instruction that the jury could consider whether any witness had an interest in the outcome of the case.

    Court’s Reasoning

    Regarding the jury note, the court stated that CPL 310.30 requires a meaningful response to jury requests for instruction or information. However, reversal is required only where the failure to respond “seriously prejudice[s]” the defendant. The court reasoned that the note did not concern the crimes charged or the evidence, and there was no significant probability that the jurors were coerced or pressured into returning a guilty verdict because of the court’s failure to respond. The court noted that the jury reached a verdict well before sundown, negating any inference of coercion. As stated in the opinion, “It is only where the failure to respond to a jury note ‘seriously prejudice[s]’ defendant that a reversal is required”.

    Regarding the interested witness charge, the court found no error because the trial court provided the standard instruction, informing the jury that they could consider whether any witness had an interest in the outcome of the case. The court clarified that merely because a witness was interested did not automatically mean that they were untruthful. The court also stated, “There is no question that defendant was an interested witness as a matter of law as the court appears to have charged”. While the judge specifically named the defendant’s wife, the instruction was not misleading, and the jury could have found any witness to be interested. The charge, viewed as a whole, was considered balanced and understandable.