PEOPLE v. CABALLERO


221 A.D.2d 459 (1995)

634 N.Y.S.2d 392

The People of the State of New York, Respondent, v. Mauro Caballero, Appellant

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

November 13, 1995


Ordered that the judgment is reversed, on the law, and a new trial ordered.

As the People concede, the defendant was absent from the courtroom when supplemental instructions were given to the jury. It is well settled that this error was a serious procedural error to which harmless error analysis does not apply (see, CPL 310.30; People v Mehmedi, 69 N.Y.2d 759; see also...

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