People v. Johnson

— Judgment unanimously reversed on the law and new trial granted. Memorandum: During the course of defendant’s trial, the jury requested further instruction with respect to certain trial exhibits, and requested that certain testimony be reread. To answer the jury’s evidentiary questions, the Trial Judge went to the jury room and instructed the jury, outside the presence of defendant and without his consent. We find this to be reversible error. Defendant has a fundamental right to be present when the jury is instructed. This right is absolute and unequivocal, and it is protected by statute…