Tag: Retrial

In People v. Smith, 1566/12, NYLJ 1202743491014, at *1 (App. Div., 1st, Decided November 24, 2015), the Appellate Division, First Department found that

The court failed to meet its core responsibilities under People v. O’Rama (78 NY2d 270, 277 [1991]) to provide defense counsel with “meaningful notice” of a jury note and to provide the jury with a “meaningful response.” The note requested “copies of all the telephone conversations recorded and copies of all the video recordings” and “a copy of the transcript of the court proceedings that we are allowed to see.”

Under O’Rama, the defendant and counsel must have the opportunity to examine a jury note and provide a meaningful response. The First Department held that “[a]lthough not all the O’Rama violations are mode of proceedings errors, here, where the exact wording of the juror note was never read in the presence of counsel so an objection could be made, preservation is not required” Id. at P. 2-3 (citing People v. Nealon, __ NY3d__, 2015 NY Slip Op 07781 [2015])). This case was reported by the New York Law Journal.