PEOPLE v. BRISBANE


205 A.D.2d 358 (1994)

613 N.Y.S.2d 368

The People of the State of New York, Respondent, v. Waverly Brisbane, Appellant

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

June 14, 1994


The IAS Court's instructions regarding defendant's absence were not erroneous. The jury observed that defendant, who had been present for the day's proceedings, suddenly was absent after a break was taken. Under these circumstances, it was appropriate to inform the jury that defendant had chosen to leave because, as the court stated, "it would be totally inappropriate for the jury to believe that somehow the defendant was being punished or was being excluded from the...

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