Opinion
2014-10-22
The PEOPLE, etc., respondent, v. Miguel ROJAS, appellant.
Seymour W. James, Jr., New York, N.Y. (Harold V. Ferguson, Jr., of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, Merri Turk Lasky, and Josette Simmons of counsel), for respondent.
Seymour W. James, Jr., New York, N.Y. (Harold V. Ferguson, Jr., of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, Merri Turk Lasky, and Josette Simmons of counsel), for respondent.
PETER B. SKELOS, J.P., THOMAS A. DICKERSON, JOSEPH J. MALTESE, and HECTOR D. LaSALLE, JJ.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Aloise, J.), rendered January 4, 2012, convicting him of criminal possession of a weapon in the second degree (two counts), upon a jury verdict, and imposing sentence.
ORDERED that the judgment is reversed, on the law, and a new trial is ordered.
The defendant and his codefendant, Sebastian Giraldo, were tried together and were each convicted of two counts of criminal possession of a weapon in the second degree. For the reasons set forth in this Court's decision and order entitled People v. Giraldo, 116 A.D.3d 711, 712, 983 N.Y.S.2d 101, the Supreme Court's mischaracterization of the contents of a particular jury note deprived defense counsel of prior meaningful notice of the contents of the note and an opportunity to suggest appropriate responses in accordance with CPL 310.30 and People v. O'Rama, 78 N.Y.2d 270, 574 N.Y.S.2d 159, 579 N.E.2d 189. Accordingly, a new trial is required based on the Supreme Court's failure to comply with CPL 310.30 in accordance with the procedure set forth in People v. O'Rama ( see People v. Giraldo, 116 A.D.3d at 711–712, 983 N.Y.S.2d 101).
The defendant's remaining contention is without merit.