PEOPLE v. RAMIREZ

2013-08347

157 A.D.3d 718 (2018)

69 N.Y.S.3d 76

2018 NY Slip Op 00171

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TIMOTHY RAMIREZ, Appellant.

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

Decided January 10, 2018.


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, his right to be present during a material stage of the trial was not violated when, in his absence, and in the absence of defense counsel and the prosecutor, the County Court notified the jurors that they were going to be sequestered and delivered sequestration instructions. While a defendant has a statutory right to be present when the jury is given instructions or information by the court...

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