| People v Mitchell |
| 2015 NY Slip Op 04580 [129 AD3d 404] |
| June 2, 2015 |
| Appellate Division, First Department |
[*1]
| The People of the State of New York,Respondent, v Sylvia Mitchell, Appellant. |
Thomas Theophilos, Buffalo, for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Beth Fisch Cohen of counsel), forrespondent.
Appeal from judgment, Supreme Court, New York County (Gregory Carro, J.),rendered November 14, 2013, convicting defendant, after a jury trial, of grand larceny inthe second degree, grand larceny in the third degree (seven counts), grand larceny in thefourth degree (two counts) and scheme to defraud in the first degree, and sentencing herto an aggregate term of 5 to 15 years, held in abeyance, and the matter remanded to theSupreme Court for a reconstruction hearing as to the circumstances surrounding the entryinto the record of jury note nine.
The jury note in question appeared in the court file but the transcript contains noreference to it. Before this Court can consider defendant's claim that Supreme Court'sfailure to address the note pursuant to CPL 310.30 constituted a mode of proceedingerror (see People v O'Rama, 78 NY2d 270 [1991]), the record should bereconstructed as completely as possible to determine the facts surrounding thesubmission of the note and how the note was handled by the court.Concur—Mazzarelli, J.P., Friedman, Manzanet-Daniels, Clark and Kapnick,JJ.