New York Court of Appeals
The People of the State of New York v. Lemuel Lykes
January 12, 199381 N.Y.2d 767
Summary
The Court of Appeals affirmed the Appellate Division, holding that the trial judge's request for clarification from the jury without prior notice to counsel did not violate CPL 310.30 because counsel was given meaningful notice before any instruction was given. The Court reasoned that the judge's initial note was merely a request for clarification, not a formal response governed by the statute. Justice Titone dissented, arguing that any such clarification should require prior notice to counsel and that the majority's approach improperly limits the defendant's right to counsel participation.