Home/New York Court of Appeals/People v. Tabb

People v. Tabb

920 N.E.2d 90, 13 N.Y.3d 852, 891 N.Y.S.2d 686
New York Court of Appeals·Decided November 24, 2009·No. 213 SSM 47·Published·Cited by 87 cases

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed and a new trial ordered.

During deliberations, the jury sent a note to the trial court that asked for direction on, or an explanation of, “the legal definition of self defense.” Nothing in the record indicates that the court informed defense counsel and the prosecutor about the contents of the note. In the absence of record proof that the trial court complied with its core responsibilities under CPL 310.30, a mode of proceedings error occurred requiring reversal (see e.g. People v Kisoon, 8 NY3d 129, 135 [2007]; People v O’Rama, 78 NY2d 270, 277 [1991]).

Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur in memorandum.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order reversed, etc.

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People v. Tabb, 920 N.E.2d 90, 13 N.Y.3d 852, 891 N.Y.S.2d 686 (N.Y. 2009).

920 N.E.2d 90 (People v. Tabb) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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