PEOPLE v. EUBANKS


41 A.D.3d 241 (2007)

839 N.Y.S.2d 26

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ISAAC EUBANKS, Appellant.

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

Decided June 19, 2007.


Defendant waived his right to be present for the jury's verdict. Prior to trial, defendant made clear that, for religious reasons, he did not wish to be present in court on Fridays, and the court accommodated that wish by adjourning the start of trial from a Thursday to a Monday. The jury began deliberations on the following Thursday. That afternoon, the court inquired as to defendant's wishes in the event that deliberations continued into Friday. Counsel told the court,...

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