People v. SmithPeople v. Smith
However, the trial court failed to meaningfully respond to a jury note seeking the testimony of two of the police officers who testified at the trial. The note requested the testimony of the police officers “pertaining to how long they were together” prior to an encounter with an unidentified woman who, according to the arresting officer, informed them that the defendant was in possession of cocaine. The trial court determined, over the defendant‘s objection, that only one of the officers had testified regarding the issue encompassed by the jury note. However, the arresting officer had testified that he was “by [him]self” prior to the encounter with the unidentified woman. Under the circumstances of this case, the trial court‘s failure to provide the jury with this additional testimony during the readback seriously prejudiced the defendant and constituted reversible error (see
Additionally, although not preserved for appellate review because no objection was raised (see
Skelos, J.P., Eng, Belen and Austin, JJ., concur.