People v. Tabb
| Decision Date | 24 November 2009 |
| Docket Number | No. 213 SSM 47,213 SSM 47 |
| Citation | 891 N.Y.S.2d 686,13 N.Y.3d 852 |
| Parties | THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHRISTIAN TABB, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
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]).
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. Morrison
...[meaningful notice obligation] under CPL 310.30, a mode of proceedings error occurred requiring reversal" ( People v. Tabb, 13 N.Y.3d 852, 853, 891 N.Y.S.2d 686, 920 N.E.2d 90 [2009] ). We again decline "to disavow our holding in Walston ... that imposes an affirmative obligation on a trial......
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People v. Brown
...conference that the transcript does not refer to (see People v. Walston, 23 N.Y.3d 986, 990, 991 N.Y.S.2d 24 ; People v. Tabb, 13 N.Y.3d 852, 852, 891 N.Y.S.2d 686, 920 N.E.2d 90 ; People v. McGhee, 103 A.D.3d 667, 668, 960 N.Y.S.2d 436 ).In light of our determination, we need not reach the......
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People v. Flores
...note issued during deliberation (see People v. Walston, 23 N.Y.3d 986, 990, 991 N.Y.S.2d 24, 14 N.E.3d 377 ; People v. Tabb, 13 N.Y.3d 852, 853, 891 N.Y.S.2d 686, 920 N.E.2d 90 ; People v. Kisoon, 8 N.Y.3d 129, 135, 831 N.Y.S.2d 738, 863 N.E.2d 990 ; People v. O'Rama, 78 N.Y.2d 270, 279, 57......
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People v. Parker
...with its 32 N.Y.3d 61core responsibilities under CPL 310.30, a mode of proceedings error occurred requiring reversal" ( People v. Tabb, 13 N.Y.3d 852, 853, 891 N.Y.S.2d 686, 920 N.E.2d 90 [2009] ).5 In advocating that we remit to the trial court for a reconstruction hearing, the dissenters ......