In People v. Ahmed, 66 N.Y.2d 307 (1985), the Court reversed a conviction where the trial judge's law secretary reread to the jury portions of the testimony and reinstructed the jury on the law. The Court rejected the People's argument that defendant's consent to this arrangement constituted either failure to preserve the issue for appeal or a waiver. As to preservation, the Court listed errors that have been classified as affecting the organization of the court or the mode of proceedings and that therefore need not be preserved. The Court included "trial before fewer than twelve jurors in a criminal case" among those errors.(66 N.Y.2d at 310.) With respect to waiver, the Court found that defendant's oral consent was not sufficient to effect a waiver of his right to a jury trial.