People v. Valdez

— Appeal by the defendant from a judgment of the Supreme Court, Queens County (Giaccio, J.), rendered January 27, 1984, convicting him of burglary in the second degree and criminal possession of stolen property in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is reversed, on the law, and a new trial is ordered. Issues of fact were not raised or considered.

After both sides had rested and just prior to summations, defense counsel indicated to the court that his client had been taken ill during the luncheon recess and hence had not returned to the…