Opinion
February 14, 1991
Appeal from the Supreme Court, New York County, Martin Rettinger, J., Ira F. Beal, J.
On the day the court was to give its final instructions to the jury, defendant failed to appear in court due to his arrest on a misdemeanor charge the previous afternoon. In order to avoid jury speculation as to why defendant was absent from the courtroom, and with the implied consent of defendant's counsel, the court instructed a court officer to "tell the jury that we have some problems that we are going over to Monday morning at ten o'clock." The actions of the court did not deprive defendant of his right to be present at all material stages of the proceeding, since this was a delegation of a minor ministerial matter which did not occur at a critical stage of the trial (compare, People v Torres, 72 N.Y.2d 1007).
Concur — Sullivan, J.P., Milonas, Rosenberger, Ross and Smith, JJ.