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 New York Court of Appeals affirmed the Appellate Division, holding that the trial judge’s brief clarification 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. Justice Titone dissented, arguing that the communication was substantive and required the defendant’s presence.