People v. Kahley

Smith, J.P., and Peradotto, J.

(dissenting). We respectfully dissent inasmuch as we conclude that there is no need for a reconstruction hearing with respect to defendant’s unpreserved O’Rama contention (see People v O’Rama, 78 NY2d 270 [1991]). Because we agree with the majority that the remainder of defendant’s contentions are without merit, we would affirm the judgment without holding the case and remitting the matter to County Court for a reconstruction hearing.

Under O’Rama and its progeny, when the trial court receives a “substantive juror inquiry” (id, at 280), CPL 310.30 requires the…