The People of the State of New York, Appellant v. Terrance L. MacK, Respondent

Summary

The Court held that a trial court's failure to provide a meaningful response to a jury's substantive note, when counsel had meaningful notice of the note's content, does not constitute a mode of proceedings error and therefore requires preservation; the Appellate Division erred in reversing without such preservation, so its order is reversed and the case remanded. The dissent argued that such failure is a mode of proceedings error and should not require preservation.