mode of proceeding error (New York) · Go Syfert
← New York issues

mode of proceeding error in New York

6 New York opinions name it 2 courts 2011–2026 2 in the last five years

The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
The People v. Terrance L. Mackgreen
ny · 2016 · cited in 2 New York opinions naming this issue, 2020–2023
2 sentences

2023The defendant's contention that the Supreme Court's handling of a certain jury note resulted in the commission of a mode of proceeding error requiring reversal ( see People v O'Rama , 78 NY2d 270 ) is without merit, as the jury was not requesting further information or instruction within the meaning of CPL 310.30 ( see People v Edwards , 208 AD3d 510, 515 , citing People v Morrison , 148 AD3d 1707, 1708 , affd 32 NY3d 951 ), and, in any event, defense counsel was "not prevented from objecting or from participating meaningfully" ( People v Mack , 27 NY3d 534, 542 ).

2020It is also well established, however, "that not every departure from the O'Rama procedure or violation of CPL 310.30 constitutes a mode of proceeding error" ( People v Mack , 27 NY3d at 539 ; see People v Nealon , 26 NY3d 152, 158 [2015]), and that this designation is reserved for a limited class of errors that "go to the essential validity of the process and [are] so fundamental that the entire trial is irreparably tainted" ( People v Mack , 27 NY3d at 541 [internal quotation marks, brackets and citation omitted]).

12
The People v.Kenneth Nealongreen
ny · 2015 · cited in 1 New York opinions naming this issue, 2020–2020
1 sentence

2020It is also well established, however, "that not every departure from the O'Rama procedure or violation of CPL 310.30 constitutes a mode of proceeding error" ( People v Mack , 27 NY3d at 539 ; see People v Nealon , 26 NY3d 152, 158 [2015]), and that this designation is reserved for a limited class of errors that "go to the essential validity of the process and [are] so fundamental that the entire trial is irreparably tainted" ( People v Mack , 27 NY3d at 541 [internal quotation marks, brackets and citation omitted]).

11
People v. Pattersongreen
ny · 1976 · cited in 1 New York opinions naming this issue, 2016–2016
1 sentence

2016These arguments find support in our case law and applicable statutes. - 1 - - 2 - No. 10 A mode of proceedings error is one that "affects 'the organization of the court or the mode of proceedings pr[e]scribed by law'" (People v Walston, 23 NY3d 986 , 991 [2014], quoting People v Patterson, 39 NY2d 288, 295 [1976]).

11
People v. Lockleygreen
nyappdiv · 2011 · cited in 1 New York opinions naming this issue, 2011–2011
1 sentence

2011Since the notes were not substantive, any failure by the trial court to comply with CPL 310.30 did not constitute a mode of proceeding error (see People v O’Rama, 78 NY2d 270 [1991]; People v Lockley, 84 AD3d 836, 839 [2011], lv denied 17 NY3d 807 [2011]).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway.

Also cited on this issue (8)

CaseCitedYears
People v. O'Rama green
ny · 1991
2 sentences

2026In light of the resettled transcript, there is no merit to the defendant's contention that the Supreme Court failed to comply with the procedure set forth in People v O'Rama ( 78 NY2d 270 ) with respect to jury note 1 and, thus, no basis for reversing the defendant's conviction due to a purported mode of proceeding error ( see People v Potomont , 225 AD3d 789 , 790-791; People v Jordan , 200 AD3d 715, 716 ).

2023The defendant's contention that the Supreme Court's handling of a certain jury note resulted in the commission of a mode of proceeding error requiring reversal ( see People v O'Rama , 78 NY2d 270 ) is without merit, as the jury was not requesting further information or instruction within the meaning of CPL 310.30 ( see People v Edwards , 208 AD3d 510, 515 , citing People v Morrison , 148 AD3d 1707, 1708 , affd 32 NY3d 951 ), and, in any event, defense counsel was "not prevented from objecting or from participating meaningfully" ( People v Mack , 27 NY3d 534, 542 ).

42011–2026
People v. Suitte green
nyappdiv · 1982
1 sentence

2026The sentence imposed was not excessive ( see People v Suitte , 90 AD2d 80 ).

12026–2026
People v. Jordan neutral
nyappdiv · 2021
1 sentence

2026In light of the resettled transcript, there is no merit to the defendant's contention that the Supreme Court failed to comply with the procedure set forth in People v O'Rama ( 78 NY2d 270 ) with respect to jury note 1 and, thus, no basis for reversing the defendant's conviction due to a purported mode of proceeding error ( see People v Potomont , 225 AD3d 789 , 790-791; People v Jordan , 200 AD3d 715, 716 ).

12026–2026
People v. Potomont green
nyappdiv · 2024
1 sentence

2026In light of the resettled transcript, there is no merit to the defendant's contention that the Supreme Court failed to comply with the procedure set forth in People v O'Rama ( 78 NY2d 270 ) with respect to jury note 1 and, thus, no basis for reversing the defendant's conviction due to a purported mode of proceeding error ( see People v Potomont , 225 AD3d 789 , 790-791; People v Jordan , 200 AD3d 715, 716 ).

12026–2026
People v. Edwards neutral
nyappdiv · 2022
1 sentence

2023The defendant's contention that the Supreme Court's handling of a certain jury note resulted in the commission of a mode of proceeding error requiring reversal ( see People v O'Rama , 78 NY2d 270 ) is without merit, as the jury was not requesting further information or instruction within the meaning of CPL 310.30 ( see People v Edwards , 208 AD3d 510, 515 , citing People v Morrison , 148 AD3d 1707, 1708 , affd 32 NY3d 951 ), and, in any event, defense counsel was "not prevented from objecting or from participating meaningfully" ( People v Mack , 27 NY3d 534, 542 ).

12023–2023
People v. Morrison green
ny · 2018
1 sentence

2023The defendant's contention that the Supreme Court's handling of a certain jury note resulted in the commission of a mode of proceeding error requiring reversal ( see People v O'Rama , 78 NY2d 270 ) is without merit, as the jury was not requesting further information or instruction within the meaning of CPL 310.30 ( see People v Edwards , 208 AD3d 510, 515 , citing People v Morrison , 148 AD3d 1707, 1708 , affd 32 NY3d 951 ), and, in any event, defense counsel was "not prevented from objecting or from participating meaningfully" ( People v Mack , 27 NY3d 534, 542 ).

12023–2023
People v. Morrison green
nyappdiv · 2017
1 sentence

2023The defendant's contention that the Supreme Court's handling of a certain jury note resulted in the commission of a mode of proceeding error requiring reversal ( see People v O'Rama , 78 NY2d 270 ) is without merit, as the jury was not requesting further information or instruction within the meaning of CPL 310.30 ( see People v Edwards , 208 AD3d 510, 515 , citing People v Morrison , 148 AD3d 1707, 1708 , affd 32 NY3d 951 ), and, in any event, defense counsel was "not prevented from objecting or from participating meaningfully" ( People v Mack , 27 NY3d 534, 542 ).

12023–2023
People v. Walston green
ny · 2014
1 sentence

2016These arguments find support in our case law and applicable statutes. - 1 - - 2 - No. 10 A mode of proceedings error is one that "affects 'the organization of the court or the mode of proceedings pr[e]scribed by law'" (People v Walston, 23 NY3d 986 , 991 [2014], quoting People v Patterson, 39 NY2d 288, 295 [1976]).

12016–2016

← Caselaw search · G Cite Topics · Brief Check