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People v. Tabb

New York Court of Appeals


November 24, 2009

THE PEOPLE &C., RESPONDENT,
v.
CHRISTIAN TABB, APPELLANT.

This memorandum is uncorrected and subject to revision before publication in the New York Reports.

SSM 47

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 [1992]). On review of submissions pursuant to section 500.11 of the Rules, order reversed and a new trial ordered, in a memorandum.

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

20091124

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