Opinion
January 31, 1991
Appeal from the Supreme Court, New York County (Clifford A. Scott, J.).
We have previously held, in an appeal involving codefendants convicted at the same trial of the same crimes, that because instructions were given to the jury without the defendant, his attorney or the prosecutor being present and because the exact form and nature of the instructions are unknown, reversal was required. (People v Henderson, 167 A.D.2d 136; see also, People v Henderson, 154 A.D.2d 274.)
We have examined the other contentions of the defendant and find them without substance.
Concur — Murphy, P.J., Milonas, Kupferman and Rubin, JJ.