People v Anderson

Holding The court held that a trial judge’s off-the-record discussion with a juror regarding the instructions on deliberation constituted a nonministerial communication that violated the defendant’s right to be present. This violation constituted a mode of proceedings error mandating reversal of the convictions and a new trial, regardless of whether actual prejudice was shown.

The court’s words

there are few moments in a criminal trial more critical to its outcome than when the court responds to a deliberating jury's request for clarification of the law or further guidance on the process of deliberations

2026 NY Slip Op 06169, at the official text

a defendant's absence during nonministerial instructions [to a deliberating jury], in violation of CPL 310.30, affects the mode of proceedings prescribed by law and presents an error of law for [this Court's] review

2026 NY Slip Op 06169, at the official text

reversal is mandated regardless of whether any actual prejudice or harm is shown

2026 NY Slip Op 06169, at the official text