Fourth Department - Jury note: People v. Crawford

Daily Record Staff//March 25, 2024//

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New York State Supreme court, Appellate Division, Fourth Judicial Department

Jury note

Read back – Mode of proceedings error

People v. Crawford

KA 17-00450

Appealed from Monroe County Court

Background: The defendant appealed from his conviction of murder and two counts of criminal possession of a weapon. On appeal, he argues that the court committed a mode of proceedings error when it failed to read the exact text of a jury note to the defendant’s attorney before counsel and the court agreed on a response to the note.

Ruling: The Appellate Division reversed and ordered a new trial. The court noted that the court did not read aloud the note verbatim and the record did not reflect that the court showed the note to the parties. Rather, the record reflects that the court addressed the note before counsel and the jury by failing to read the second and third sentences of the note.

Bridget L. Field for the defendant-appellant; Victor Crawford, pro se; Martin P. McCarthy II, of the district attorney’s office, for the respondent.

Oral argument video