People v. Martin

Scudder and Kehoe, JJ. (dissenting).

We respectfully dissent, because we cannot agree with the majority that reversal is required based on Supreme Court’s alleged errors in failing to read into the record the jury’s first and second notes, as required by People v O'Rama (78 NY2d 270, 277-278 [1991]), and in failing to respond meaningfully to the jury’s first note (see generally People v Steinberg, 79 NY2d 673, 684 [1992]; People v Almodovar, 62 NY2d 126, 131-132 [1984]; People v Malloy, 55 NY2d 296, 301-302 [1982], cert denied 459 US 847 [1982]). Although we agree with defendant and the…