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PEOPLE v. FRANCIS

309 A.D.2d 874 (2003)

766 N.Y.S.2d 45

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RUSSELL FRANCIS, Appellant.

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

Decided October 20, 2003.

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

The defendant maintains that he was deprived of his right to a trial by jury and his right to be present during all material stages of the trial. We agree.

During the presentation of the People's case, a court officer informed the trial court that a juror had mentioned that the defendant was making certain hand motions in the direction...

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