The defendant in People v. Smith (2d Dept. 12/15/2009) was found guilty, after a jury trial, of CPCS 4º. The Second Department reversed, on the law and in the interest of justice, for two errors, respectively. Both errors pertained to the jury's request for readbacks.
The first note at issue requested a readback of the testimony of the two officers who testified at trial. Specifically, the jury requested to hear that portion of the testimonies that detailed how long the two officers had been together before encountering a civilian who reported that the defendant possessed drugs. The trial court determined that only one of the officers testified about how long they were together. This was error, the appellate court concluded, because both officers gave testimony on the subject. This issue was properly preserved by a timely and specific objection by defense counsel; thus, reversal was on the law.
The Appellate Division also reversed because the trial court failed to respond to a jury note requesting readback of an officer's testimony about whether he planted evidence. SInce there was no objection, reversal was in the interest of justice. (LC)
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