PEOPLE v. TAYLOR


192 A.D.2d 35 (1993)

The People of the State of New York, Respondent, v. Faye Taylor, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

May 11, 1993


Attorney(s) appearing for the Case

E. Joshua Rosenkranz of counsel, New York City (Tamara Detloff with him on the brief), for appellant.

Judith S. Karpen of counsel, New York City (Norman Barclay and Karen L. Mallory with her on the brief; Robert M. Morgenthau, District Attorney of New York County, attorney), for respondent.

MILONAS, J. P., ASCH and KASSAL, JJ., concur with ROSENBERGER, J.; KUPFERMAN, J., concurs in a separate opinion.


ROSENBERGER, J.

The judgment must be reversed and a new trial ordered based on the trial court's failure to abide by CPL 310.30. By responding to the notes submitted by the jury during its deliberations without first showing them to and reviewing them with defense counsel, it precluded counsel from having an opportunity to be heard before responses were given, thereby impinging on her ability to "participate...

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