People v. Cook

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GABY COOK, Appellant

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

Date published: Jul 7, 1997

241 A.D.2d 461 (N.Y. App. Div. 1997)

659 N.Y.S.2d 510

Opinion

July 7, 1997

Appeal from the Supreme Court, Queens County (Friedmann, J.).

Ordered that the judgment is reversed, on the law, and a new trial is ordered.

The Trial Judge's absence from the courtroom while the complainant's testimony was being read back to the jury, "with or without consent, is improper; it does not comport with the Judge's supervisory role, or with the established expectations and conventions that underlie the Judge's function" ( People v Rawlings, 178 A.D.2d 619; see, People v. Lumpkin, 173 A.D.2d 738; People v. Silver, 240 App. Div. 259). Therefore, we reverse.

In light of the foregoing, it is unnecessary to address the defendant's remaining contention.

Mangano, P. J., Ritter, Sullivan, Altman and McGinity, JJ., concur.