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PEOPLE v. COOK

241 A.D.2d 461 (1997)

659 N.Y.S.2d 510

The People of the State of New York, Respondent, v. Gary Cook, Appellant

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

July 7, 1997

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

The Trial Judge's absence from the courtroom while the complainant's testimony was being read back to the jury, "with or without consent, is improper; it does not comport with the Judge's supervisory role, or with the established expectations and conventions that underlie the Judge's function" (People v Rawlings, 178 A.D.2d 619; see,

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