Appeal by the defendant from a judgment of the Supreme Court, Queens County (Aloise, J.), rendered January 4, 2012, convicting him of criminal possession of a weapon in the second degree (two counts), upon a jury verdict, and imposing sentence.
Ordered that the judgment is reversed, on the law, and a new trial is ordered.
The defendant was convicted of two counts of criminal possession of a weapon in the second degree. On appeal, he contends that his counsel was denied prior meaningful notice of the content of a particular jury note and an opportunity to suggest appropriate responses in accordance with CPL 310.30 and People v O’Rama (78 NY2d 270 [1991]). We agree.
During deliberations, the jury returned two notes to the Supreme Court. The second note read: “Please re-read what constitutes ‘guilty or not guilty’ under each count. You previously read 4 (?) points under each count and said if we find at least one of the four points correct we should render guilty (?)” The court did not read this note to counsel verbatim on the record, but summarized it as a request for instructions as to the elements of the crimes. Before responding to the jury, the court misquoted the note on the record, stating, “Can you please reread what constitutes guilty or not guilty? You read four points. Under each point if you say you find at least one of the four points correct we should render a guilty or not guilty.” The court then responded to the note by providing a readback of the elements of the offenses. Defense counsel did not object to the court’s procedure in addressing the jury note.
In light of the foregoing, the defendant’s remaining contention is academic. Mastro, J.P, Balkin, Miller and LaSalle, JJ., concur.
