PEOPLE v. RIVERA

No. 117

23 N.Y.3d 827 (2014)

18 N.E.3d 367

993 N.Y.S.2d 656

2014 NY Slip Op 4115

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. ANNER RIVERA, Respondent.

Court of Appeals of New York.

Decided June 10, 2014.


Attorney(s) appearing for the Case

Charles J. Hynes , District Attorney, Brooklyn ( Adam M. Koelsch and Leonard Joblove of counsel), for appellant.

Lynn W.L. Fahey , Appellate Advocates, New York City ( Kathleen Whooley of counsel), for respondent.

Chief Judge LIPPMAN and Judges PIGOTT and RIVERA concur with Judge GRAFFEO; Judge ABDUS-SALAAM dissents and votes to reverse in an opinion in which Judges READ and SMITH concur.


OPINION OF THE COURT

GRAFFEO, J.

The primary issue before us is whether the trial court's violation of defendant's right to be present during a supplemental jury instruction to a single juror constitutes a mode of proceedings error entitling defendant to a new trial. We conclude that, under the circumstances of this case, it does and therefore affirm.

Andres Garcia shot a friend of defendant Anner...

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