It is uncontested that defendant was not present for the verdict. Although the court had observed defendant in the hall of the courthouse prior to the verdict, defendant's counsel maintained that defendant suffered from diabetes and had taken ill. The court conducted no further inquiry as to the circumstances of defendant's absence. This was error.
CPL 310.40 (1) provides, in part, that, "[t]he verdict must be rendered and announced . . . in the presence of . . ....
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