People v. Roberites

Smith, J.E

(dissenting). I disagree with the majority’s conclusion that County Court committed a mode of proceedings error in its handling of a note from the jury requesting the exhibits that were received in evidence. In view of defendant’s failure to preserve the issue for our review, I respectfully dissent and would affirm the judgment.

Initially, I note that I agree with the majority’s resolution of the issues concerning the legal sufficiency and weight of the evidence. With respect to the jury note at issue, the facts are set forth by the majority. Briefly, during its final jury…