The People v. Terrance L. Mack

OPINION OF THE COURT

Fahey, J.

Criminal Procedure Law § 310.30 imposes two responsibilities on trial courts upon receipt of a substantive note from a deliberating jury: the court must provide counsel with meaningful notice of the content of the note, and the court must provide a meaningful response to the jury (People v O’Rama, 78 NY2d 270, 276-277 [1991]). A trial court’s failure to fulfill its first responsibility — meaningful notice to counsel — falls within the narrow class of mode of proceedings errors for which preservation is not required (see id. at 279). On this appeal, we consider *537whet…