8 Cited authorities

  1. People v. O'Rama

    78 N.Y.2d 270 (N.Y. 1991)   Cited 568 times   4 Legal Analyses
    Holding the defendant was prejudiced when the court failed to read a portion of the jury note stating jury was split "6/6," told counsel the jury was experiencing "continued disagreements," and subsequently issued a supplemental instruction urging a verdict
  2. People v. Moore

    2006 N.Y. Slip Op. 1249 (N.Y. 2006)   Cited 255 times
    Beginning analysis with the "gunpoint stop" where officers acting on an anonymous tip had arrived at the scene and approached the defendant "who began to walk away"
  3. People v. Mack

    2016 N.Y. Slip Op. 4321 (N.Y. 2016)   Cited 110 times   1 Legal Analyses
    In Mack, the Court of Appeals made clear that a court should follow a two-step process when it receives a jury note: (1) give counsel notice that a note has been received; and (2) meaningfully respond to the note.
  4. People v. Silva

    2014 N.Y. Slip Op. 8215 (N.Y. 2014)   Cited 63 times   1 Legal Analyses
    In People v. Silva, 24 N.Y.3d 294, 998 N.Y.S.2d 154, 22 N.E.3d 1022 [2014] and People v. Hanson, 24 N.Y.3d 294, 998 N.Y.S.2d 154, 22 N.E.3d 1022 [2014], the Court of Appeals held that the trial courts committed mode of proceedings errors by failing to notify counsel of jury notes before the juries in each case reached their verdicts, even though the transcripts in both cases failed to establish whether the courts were aware that the notes had been submitted.
  5. People v. Tabb

    2009 N.Y. Slip Op. 8679 (N.Y. 2009)   Cited 70 times   1 Legal Analyses
    Holding that an "absence of record proof constituted "a mode of proceedings error . . . requiring reversal"
  6. People v. Agosto

    73 N.Y.2d 963 (N.Y. 1989)   Cited 104 times
    In Agosto, by contrast, we affirmed a conviction on a jury verdict rendered 20 minutes after two jurors had (in the late morning) sent a note asking that the jury be dismissed before sundown.
  7. People v. Nonni

    135 A.D.3d 52 (N.Y. App. Div. 2015)   Cited 7 times

    514/08 11-05-2015 The PEOPLE of the State of New York, Respondent, v. Mark NONNI, Defendant–Appellant. The People of the State of New York, Respondent, v. Lawrence Parker, Defendant–Appellant. Robert S. Dean, Center for Appellate Litigation, New York (Nicolas Schumann–Ortega of counsel), for Mark Nonni, appellant. Steven Banks, The Legal Aid Society, New York (Lorraine Maddalo of counsel), for Lawrence Parker, appellant. Mark Nonni, appellant pro se. Robert T. Johnson, District Attorney, Bronx (Rebecca

  8. People v. Allen

    42 A.D.3d 331 (N.Y. App. Div. 2007)   Cited 9 times

    No. 1024. July 12, 2007. Judgment, Supreme Court, New York County (John Cataldo, J.), rendered June 17, 2005, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the fourth degree, and sentencing him, as a second felony offender, to a term of 3½ to 7 years, affirmed. Richard M. Greenberg, Office of the Appellate Defender, New York (Ana Vuk-Pavlovic of counsel), for appellant. Robert M. Morgenthau, District Attorney, New York (Gary S. Snitow of counsel)