New York Court of Appeals
The People of the State of New York, Appellant v. Terrance L. MacK, Respondent
June 7, 201627 N.Y.3d 534
Summary
The Court held that a trial court’s failure to provide a meaningful response to a jury’s substantive request, when counsel had been given meaningful notice of the request, does not constitute a mode of proceedings error and therefore the error must be preserved for appellate review. The Court reversed the Appellate Division’s new‑trial order and remanded for further consideration. Justice Rivera dissented, arguing that such a failure is a mode of proceedings error that requires automatic reversal.