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People v. Marling

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 7, 1991
174 A.D.2d 1043 (N.Y. App. Div. 1991)

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).


Summaries of

People v. Marling

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 7, 1991
174 A.D.2d 1043 (N.Y. App. Div. 1991)
Case details for

People v. Marling

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES MARLING…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jun 7, 1991

Citations

174 A.D.2d 1043 (N.Y. App. Div. 1991)
572 N.Y.S.2d 210