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People v. MitchellPeople v. Mitchell

Appellate Division of the Supreme Court of the State of New York
Jun 2, 2015
14811 924/13
Versions:129 A.D.3d 404
8 N.Y.S.3d 908

The jury note in question appeared in the court file but the transcript contains no reference to it. Before this Court can consider defendant‘s claim that Supreme Court‘s failure to address the note pursuant to CPL 310.30 constituted a mode of proceeding error (see People v O‘Rama, 78 NY2d 270 [1991]), the record should be reconstructed as completely as possible to determine the facts surrounding the submission of the note and how the note was handled by the court. Concur—Mazzarelli, J.P., Friedman, Manzanet-Daniels, Clark and Kapnick, JJ.

Case Details

Case Name: People v. Mitchell
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Jun 2, 2015
Citations: 129 A.D.3d 404; 8 N.Y.S.3d 908; 14811 924/13
Docket Number: 14811 924/13
Court Abbreviation: N.Y. App. Div.
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