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PEOPLE v. NEALON

No. 133.

26 N.Y.3d 152 (2015)

41 N.E.3d 1130

20 N.Y.S.3d 315

2015 NY Slip Op 07781

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. KENNETH NEALON, Respondent.

Court of Appeals of New York.

Decided October 27, 2015.

Attorney(s) appearing for the Case

Richard A. Brown , District Attorney, Kew Gardens ( Christopher J. Blira-Koessler , Robert Masters , John M. Castellano and Johnnette Traill of counsel), for appellant.

Lynn W.L. Fahey , Appellate Advocates, New York City ( Kendra L. Hutchinson of counsel), for respondent.

OPINION OF THE COURT

On this appeal, we are asked to decide whether a trial court commits a mode of proceedings error when the court fails to discuss a substantive jury note with counsel outside the presence of the jury, but reads the note into the record in the presence of the...

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