PEOPLE v. MOORE


129 A.D.2d 590 (1987)

The People of the State of New York, Respondent, v. Richard Moore, Appellant

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

April 6, 1987


Ordered that the judgment is affirmed.

Although no objection was raised at trial when the court informed the defendant and his attorney that it had answered, outside of their presence, a question put to it by the deliberating jury, we are nonetheless called upon to consider the claim of error raised by the defendant on appeal because of the fundamental nature of the right implicated when the jury receives instructions in the defendant's absence (see, People...

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