PEOPLE v. FRYE


192 A.D.2d 412 (1993)

596 N.Y.S.2d 373

The People of the State of New York, Respondent, v. Earl Frye, Appellant

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

April 20, 1993


Inasmuch as defendant could not be produced because he had broken his jaw and was being treated in the hospital, his presence was not required when the trial court instructed the jury that there would be a delay in responding to its request for a readback of certain testimony (People v Bonaparte, 78 N.Y.2d 26). To the extent that defendant now asserts that the court should have instructed the jury to cease deliberations, the argument...

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