ALBANY – A trial judge’s failure to dispose of a note from deliberating jurors in a “meaningful” way before accepting the jury’s verdict is not a proceedings error requiring automatic reversal, the state Court of Appeals ruled Tuesday.
The majority of the court decided that counsel must expressly object to the trial court’s handling of a jury note in order for the issue to be preserved for appellate review. The dissent found that ruling was a significant departure from the court’s previous decisions on proceedings errors.
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