PEOPLE v. WHEELINGS

2012-03363, Ind. No. 49/03.

137 A.D.3d 1310 (2016)

28 N.Y.S.3d 435

2016 NY Slip Op 02387

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NATHAN WHEELINGS, Appellant.

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

Decided March 30, 2016.


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, his right to be present during a critical stage of trial was not violated when, in his absence and the absence of counsel, the Supreme Court held a brief colloquy with a juror regarding that juror's continued availability to deliberate. While a defendant has a statutory right to be present when the jury is given instructions or information by the court (see CPL 310.30; People...

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