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PEOPLE v. SILVA

Nos. 208, 209

24 N.Y.3d 294 (2014)

22 N.E.3d 1022

998 N.Y.S.2d 154

2014 NY Slip Op 08215

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JULIAN SILVA, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PAMELA HANSON, Appellant.

Court of Appeals of New York.

Decided November 24, 2014.

Attorney(s) appearing for the Case

John R. Lewis , Sleepy Hollow, for appellant in the first above-entitled action.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Susan Axelrod and Hilary Hassler of counsel), for respondent in the first above-entitled action.

Lynn W.L. Fahey , Appellate Advocates, New York City ( Steven R. Bernard of counsel), for appellant in the second above-entitled action.

Kenneth P. Thompson , District Attorney, Brooklyn ( Leonard Joblove and Rhea A. Grob of counsel), for respondent in the second above-entitled action.

Chief Judge LIPPMAN and Judges READ, PIGOTT and RIVERA concur; Judge SMITH concurs in result in an opinion; Judge ABDUS-SALAAM taking no part.

OPINION OF THE COURT

In these cases, we must decide whether a mode of proceedings error occurs under People v O'Rama (78 N.Y.2d 270 [1991]) and its progeny when a court accepts a verdict without affirmatively acknowledging or responding to a jury's substantive request for information...

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