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 outside the jury’s presence, while still reading the note verbatim in open court before responding, does not constitute a mode of proceedings error; therefore the error is subject to the preservation requirement and the Appellate Division’s reversal was improper. The order was reversed and the case remanded for further consideration.