The People of the State of New York, Appellant v. Kenneth Nealon, Respondent

Summary

The Court held that a trial court's failure to discuss a substantive jury note with counsel before recalling the jury, while reading the note verbatim into the record, does not constitute a mode of proceedings error; therefore, the error is subject to the preservation rule and the conviction was reversed and remanded. Chief Judge Lippman's dissent argued that the departure violated the core notice obligation of O'Rama and would have affirmed the appellate division.