Opinion
November 27, 1995
Appeal from the Supreme Court, Queens County (Dunlop, J.).
Ordered that the judgment is reversed, on the law, and a new trial is ordered.
A defendant's right to be present at trial may be forfeited where he deliberately absents himself from the trial (see, People v Sanchez, 65 N.Y.2d 436). The defendant failed to appear for jury deliberations, during which portions of the transcript were read to the jury. "Before proceeding in the defendant's absence, the court should have made inquiry and recited on the record the facts and reasons it relied upon in determining that defendant's absence was deliberate" (People v Brooks, 75 N.Y.2d 898, 899). The court's failure to conduct an inquiry into the defendant's absence on the record coupled with the court's reading back of portions of the transcript in the defendant's absence necessitate reversal ( see, People v Carroll, 196 A.D.2d 546).
We find no merit to the defendant's remaining contentions. Bracken, J.P., Sullivan, Miller and Florio, JJ., concur.