People v. Vargas

Judgment unanimously reversed on the law and new trial granted. Memorandum: Supreme Court erred in providing supplemental instructions to the jury in defendant’s absence. It is well settled that “[a] defendant has a fundamental right to be present at all material stages of a trial” (People v Mehmedi, 69 NY2d 759, 760, rearg denied 69 NY2d 985; see, People v Cain, 76 NY2d 119, 123). The provision of supplemental jury instructions is a material stage of the trial at which defendant’s presence is required (see, CPL 310.30; People v Cain, supra, at 123-124; People v Ciaccio, 47 NY2d 431, 436-437;…