People v. Reed

—Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him following a jury trial of murder in the *1044second degree (Penal Law § 125.25 [1]). During a break in defense counsel’s summation, a juror informed Supreme Court that she had a question. The court conducted a bench conference with the juror and counsel. The juror asked whether the prosecution could prevent defendant from calling a witness, and the court replied in the negative. We reject the contention of defendant that he was denied the right to be Present at a material stage of the proceedings based…