New York Court of Appeals
The People of the State of New York, Respondent v. Rodney Harris, Appellant
July 5, 199076 N.Y.2d 810
Summary
The Court of Appeals affirmed the Appellate Division, holding that the trial judge's brief, clarifying communication with the jury in the defendant's absence did not constitute "information or instruction" under CPL 310.30 and therefore did not violate the defendant's constitutional right to be present. Judge Titone dissented, arguing that such clarifying colloquies are part of the instructional process and require the defendant's presence.