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PEOPLE v. HERNANDEZ

94 N.Y.2d 552 (2000)

729 N.E.2d 691

708 N.Y.S.2d 34

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. FREDDY HERNANDEZ, Respondent.

Court of Appeals of the State of New York.

Decided April 11, 2000.

Attorney(s) appearing for the Case

Richard A. Brown, District Attorney of Queens County, Kew Gardens (Kathleen P. O'Leary and John M. Castellano of counsel), for appellant.

Feldman and Feldman, Roslyn (Arza Rayches Feldman of counsel), for respondent.

Chief Judge KAYE and Judges BELLACOSA, LEVINE, CIPARICK, WESLEY and ROSENBLATT concur.

OPINION OF THE COURT

SMITH, J.

During deliberations at defendant's murder trial, the jury requested several readbacks of trial testimony and a partial rereading of the court's charge to the jury. After specifying the testimony to be read back and directing the court reporter to do so, the Trial Judge, with the consent of both parties, absented himself from the proceedings during the actual reading. Prior to departing...

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