People v. Moyler

—Judgment unanimously reversed on the law and new trial granted. Memorandum: On appeal from a judgment convicting him of manslaughter in the first degree, defendant contends, inter alia, that County Court improperly delegated a judicial function in allowing a court employee to instruct the jury, out of defendant’s presence, to continue deliberating, thereby depriving defendant of his right to be present at a critical stage of trial. We agree and therefore reverse defendant’s conviction.

CPL 310.30 provides that, upon a jury request for further instruction or information, "the court must direct…