People v. Mack

Carni and Scudder, JJ.

(dissenting). In our view, defendant *758was “seriously prejudiced” by County Court’s failure to comply with its core requirement pursuant to CPL 310.30 to respond to a substantive jury note requesting further legal instruction on, inter alia, “the meaning of reasonable doubt,” before accepting a verdict (People v Lourido, 70 NY2d 428, 435 [1987]). Thus, upon remittitur from the Court of Appeals (People v Mack, 27 NY3d 534 [2016]), we would review, as a matter of discretion in the interest of justice (see CPL 470.15 [6] [a]), defendant’s contention that the court’s failure…