Ordered that the judgment is reversed, on the law, and a new trial ordered.
The defendant contends that the trial court improperly permitted the clerk, outside of its presence, to clarify its unlawful imprisonment charge to the jury. He argues that this constituted an improper delegation of judicial authority, which also abridged his right to be present at all critical stages of trial. We agree. It is well settled that a defendant has the right to be present during...
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