Opinion
October 11, 1990
Appeal from the Supreme Court, New York County (Leon Becker, J.).
Defendant's constitutional right to be present during all critical stages of his trial was not violated when the court, in consultation with the prosecutor and defense counsel, formulated a response to a request for a readback of a portion of testimony. (People v. Harris, 76 N.Y.2d 810.) We note that defendant, while absent from the courtroom at the beginning of the consultation, was present at the end, and at the response to the jury's question.
Concur — Ross, J.P., Rosenberger, Asch, Kassal and Wallach, JJ.