People v. O'Rama

OPINION OF THE COURT

Titone, J.

Following a jury trial, defendant was convicted of driving while under the influence of alcohol as a felony (see, Vehicle and Traffic Law § 1192 [3]; § 1193 [1] [c]). His appeal requires us to decide the extent to which the specific contents of jurors’ notes must be disclosed to the defendant and defense counsel before a response is given. In the circumstances of this case, where the juror’s note was substantive and referred to difficulties the jury was having in reaching a verdict, we hold that the trial court committed reversible error when it failed to…