PEOPLE v. GREENE


279 A.D.2d 436 (2001)

720 N.Y.S.2d 453

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIAM GREENE, Appellant.

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

Decided January 30, 2001.


Upon realization that it had neglected to instruct the jury that it could request to see the exhibits, the court, after obtaining defendant's consent, properly directed a court officer to so instruct the jury. This simple communication with the jury was ministerial and devoid of substantive legal content, and thus did not constitute an improper delegation of judicial authority or a violation of defendant's right to be present (see, People v Bonaparte,

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