People v. Enrique

The judgment being appealed herein should be reversed and the matter remanded for a new trial. In my opinion, it was error for the trial court to prohibit *23defendant, Juan Jose Enrique, from conferring with his attorney during a lunch recess in the absence of a demonstration of necessity sufficient to impair his constitutional right to assistance of counsel. In that regard, at 12:50 p.m., in the course of the cross-examination of defendant during his trial for criminal possession of a controlled substance in the first degree, the presiding Justice declared a luncheon recess and instructed the…