Opinion
June 7, 1991
Appeal from the Orleans County Court, Miles, J.
Present — Doerr, J.P., Green, Pine, Balio and Lawton, JJ.
Judgment unanimously reversed on the law and new trial granted. Memorandum: Defendant contends that the Trial Judge committed reversible error when he entered the jury room after deliberations had commenced and, in the absence of defendant or counsel, instructed the jury that they could not have a text of the crimes charged. We agree. By providing further instructions to the jury without defendant or counsel being present, the court violated defendant's constitutional and statutory rights to be present during those instructions (see, US Const 6th Amend; NY Const, art I, § 6; CPL 310.30; People v Cain, 76 N.Y.2d 119; People v Mehmedi, 69 N.Y.2d 759; People v Ciaccio, 47 N.Y.2d 431).