Legal Opinion

People v. Rutkoski

Appellate Division of the Supreme Court of the State of New York

Decided March 11, 1996PublishedCited by 2 opinions

1Opinion of the Court

During the course of the jury’s deliberations, the court *639received a note from the jury stating that it lost the verdict sheet. Another copy of the verdict sheet was given to the jury after the court obtained the consent of both counsel. The defendant contends that since the jury was not returned to the courtroom and given a copy of the verdict sheet by the court in his presence, CPL 310.30 was violated and his judgment of conviction must be reversed. We disagree. While a defendant has the statutory right to be present when the jury is given instructions or information by the court (see, CPL…

2Cases cited6 opinions

  1. People v. MehmediNew York Court of Appeals · 1987
  2. People v. BonaparteNew York Court of Appeals · 1991
  3. People v. LykesNew York Court of Appeals · 1993
  4. People v. BuxtonAppellate Division of the Supreme Court of the State of New York · 1993
  5. People v. JacobAppellate Division of the Supreme Court of the State of New York · 1994

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3Cited by2 opinions

  1. People v. CollinsAppellate Division of the Supreme Court of the State of New York · 2001
  2. People v. PearsonAppellate Division of the Supreme Court of the State of New York · 2008

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