PEOPLE v. GINYARD


282 A.D.2d 256 (2001)

725 N.Y.S.2d 294

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL GINYARD, Appellant.

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

Decided April 10, 2001.


Defendant's right to be present during a critical stage of a trial was violated when the court gave supplemental instructions to the jury in his absence (see, CPL 310.30; People v Ciaccio, 47 N.Y.2d 431, 436-437). Contrary to the People's contention, these instructions were not merely "ministerial." In addition to reminding the jurors that they could request additional instructions or readbacks of testimony, the court counseled...

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