People v. Kelly

OPINION OF THE COURT

Rosenblatt, J.

While alone with the jury during deliberations, a court officer conducted an unauthorized demonstration on the weapon involved in a murder trial. Defendant argues that this amounted to a “mode of proceedings” error that can be raised on appeal, even though he did not preserve it. We disagree and affirm the Appellate Division order sustaining the conviction.

L

Defendant was charged with murder in the second degree for fatally stabbing his ex-girlfriend’s father with a 12-inch-long bayonet. At trial, the jury heard conflicting accounts of the killing. The People…