People v. Gadson
Opinion of the Court
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Kron, J.), rendered December 9, 2010, convicting him of robbery in the first degree and robbery in the second degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is reversed, on the law, and the matter is remitted to the Supreme Court, Queens County, for a new trial.
A new trial is required due to the trial court’s failure to meaningfully comply with CPL 310.30. During deliberations, the jury sent four notes to the trial court. The record reflects that, on the fourth occasion, the court did not disclose the contents of the note to the prosecutor and defense counsel until serially reading, and immediately responding to, the questions contained therein in the presence of the jury. All three of the questions in this note concerned the subject of accomplice liability.
In light of our determination, the defendant’s remaining contentions have been rendered academic (see People v Nazario, 100 AD3d 783, 785 [2012]; People v Thomas, 68 AD3d 1141, 1142 [2009]). Mastro, J.P., Leventhal, Lott and Roman, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.