New York Court of Appeals
The People of the State of New York v. Asher Cain
May 10, 199076 N.Y.2d 119
Summary
The New York Court of Appeals reversed Asher Cain's conviction, dismissed the kidnapping count on merger grounds, and ordered a new trial on the remaining charges because Cain was absent during a post‑verdict robing‑room colloquy that constituted supplemental jury instructions, a violation of his constitutional right to be present. The Court also noted that the trial court's polling procedure was not decided.