PEOPLE v. MERRIHEW


7 A.D.2d 811 (1958)

The People of the State of New York, Respondent, v. Russell Merrihew, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 30, 1958


Among other issues raised, appellant contends that the Trial Judge gave instructions to the jury, other than those contained in his main charge, in the absence of appellant and his counsel. The record indicates that the jury returned for further instructions but contains no notation as to the presence of appellant or his counsel. The People contend that both appellant and his counsel were present, and have made a motion in this court upon affidavits to have the record corrected...

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