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PEOPLE v. SUAREZ

170 A.D.2d 264 (1991)

The People of the State of New York, Respondent, v. Jose Suarez, Appellant

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

February 14, 1991

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...

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