During deliberations in Eugene Lewis's trial, the jury sent the judge a note asking for further instructions on the elements of the charged crimes.
Although the judge responded, he apparently failed to allow the attorneys to look at the document nor asked for their input
After Lewis was found guilty of the sale of a controlled substance in the third degree, he appealed.
Since a judge must give "meaningful notice" to the parties when a jury makes a "substantive" inquiry, and there was no indication that such notice was ever given, the Appellate Division, First Department, was of the view the trial court had failed to comply with a "core responsibility" and that a reversible error had been committed.
That was truly note-worthy.
To view a copy of the Appellate Division's decision, please use this link: People v. Lewis