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People v. Walston, 111

Defendant's conviction of manslaughter in the first degree is vacated with leave to the People to resubmit that charge to a grand jury, but defendant's conviction of criminal possession of a weapon in the second degree is affirmed, and the matter is remitted for resentencing, where: 1) the trial court's handling of the jury note constituted a mode of proceedings error and defendant was not required to preserve this argument; but 2) because the note at issue was addressed to an element relative to the homicide counts, and not to the weapon possession count, there was no danger of prejudice as it related to the latter count.

Appellate Information

  • Decided 06/12/2014
  • Published 06/12/2014

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  • Court of Appeals of New York

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