PEOPLE v. WOODEN


212 A.D.2d 976 (1995)

623 N.Y.S.2d 440

The People of the State of New York, Respondent, v. Louis Wooden, Appellant

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

February 3, 1995


Judgment unanimously reversed on the law and new trial granted.

Memorandum:

Defendant appeals from a judgment convicting him of four counts of criminal possession of stolen property in the fourth degree, and one count each of criminal mischief in the fourth degree and disorderly conduct. We conclude that County Court erred in charging the jury and in giving additional instructions to the jury in the absence of defendant without first determining that his absence...

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