People v. Hernandez

OPINION OF THE COURT

Smith, J.

During deliberations at defendant’s murder trial, the jury requested several readbacks of trial testimony and a partial rereading of the court’s charge to the jury. After specifying the testimony to be read back and directing the court reporter to do so, the Trial Judge, with the consent of both parties, ab sented himself from the proceedings during the actual reading. Prior to departing, the Judge informed the parties, the jury and the court reporter that he remained immediately available in chambers in the event any issue arose. Following the read-back, the…