PEOPLE v. NIXON


172 A.D.2d 366 (1991)

The People of the State of New York, Respondent, v. Leo Nixon, Also Known as Neil Nixon, Appellant

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

April 23, 1991


A new trial is not warranted on the basis of defendant's unpreserved claim that he was not present while the court, outside of the jury's presence, considered its response to the jury's note requesting a read back of testimony. While the requested read back of testimony did not occur until the next day, on appeal defendant cannot establish that he was "seriously prejudiced". (People v Lourido, 70 N.Y.2d 428, 435.) Defendant's absence...

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