PEOPLE v. McGREW


198 A.D.2d 6 (1993)

604 N.Y.S.2d 724

The People of the State of New York, Respondent, v. James McGrew, Appellant

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

November 4, 1993


There is no merit to defendant's contention that the court's uncontroverted statement, apparently based on observation of defendant's conduct, that defendant had gone to the bathroom and decided not to return was not a sufficient recitation of the facts and reasons it relied upon in determining that defendant's absence during jury deliberations was voluntary (see, People v Brooks, 75 N.Y.2d 898, 899). Moreover, defense counsel...

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