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People v. Torres

531 N.E.2d 635, 72 N.Y.2d 1007, 534 N.Y.S.2d 914, 1988 N.Y. LEXIS 2690
CourtNew York Court of Appeals
DecidedOctober 18, 1988
StatusPublished
Cited by61 cases

This text of 531 N.E.2d 635 (People v. Torres) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Torres, 531 N.E.2d 635, 72 N.Y.2d 1007, 534 N.Y.S.2d 914, 1988 N.Y. LEXIS 2690 (N.Y. 1988).

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed and a new trial ordered.

Defendant was tried in Kings County on various narcotics-related charges. After the case had been submitted to the jury, the Trial Justice left the courthouse to preside over another matter in Queens County. During his absence, the jury sent out a note indicating that it had reached an impasse and was unable to reach a verdict. Having been informed of the problem by telephone, the Trial Justice directed a court officer to tell the jury that it should "continue to deliberate” and to advise defense counsel of the jury’s note. Neither the attorneys nor defendant was present when the court officer spoke to the jury. The court officer’s remarks were not recorded.

Reversal of this conviction is required because the Trial Justice improperly delegated a judicial duty to a nonjudicial *1009 staff member at a critical stage of the proceedings and thus permitted trial proceedings to be conducted in his absence (People v Ahmed, 66 NY2d 307). Contrary to the People’s contention, an instruction to continue deliberations when the jury has indicated its inability to reach a verdict is not a mere "ministerial” matter.

Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock, Jr., and Bellacosa concur in memorandum.

Order reversed, etc.

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Bluebook (online)
531 N.E.2d 635, 72 N.Y.2d 1007, 534 N.Y.S.2d 914, 1988 N.Y. LEXIS 2690, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-torres-ny-1988.