People v. Bartlett
Opinion of the Court
—Judgment, Supreme Court, Bronx County (Richard Lee Price, J.), rendered June 2, 1987, which convicted defendant, after jury trial, of attempted murder in the second degree and sentenced him to a prison term of 12 íá to 25 years, unanimously affirmed.
Defendant’s guilt of attempted murder in the second degree was proven beyond a reasonable doubt by overwhelming evidence. The complainant, who testified at trial, was acquainted with the defendant and had dated defendant’s former girlfriend. During the early morning hours of June 30, 1986, the defendant confronted complainant on a Bronx street and threatened that he would shoot him. Defendant dragged him down the street and several blocks later stopped and said "I’m going to have to kill you”, and ordered him to empty his pockets. Defendant then swung at complainant and, using a sharp instrument, slit his throat. The complainant was rendered unconscious and when he regained consciousness had difficulty breathing. Upon reaching for his neck, his hand slipped inside his throat and he felt air coming out of the windpipe. He managed to flag a cab and arrive at Bronx Lebanon Hospital, where he required emergency tracheal surgery for what was described at trial as a "life threatening injury”.
The record reflects that in the presence of the defendant, defense counsel, and the ADA, and in the absence of the jurors, the Trial Judge stated, for the record, that he had received two notes from the jury. When the first note asking for "interpretation of the charges” was received, the Judge directed the court officer to return to the jury room to inquire if they wanted the elements of the crime. Five minutes later, the court received the second note, requesting that the elements of the charges be reread. It is unclear from the record whether the defendant was present when these notes were received.
On appeal, defendant claims that this incident violated his right to be present at all material stages of a trial, including the right to be present when the jury is given instructions (CPL 310.30), relying on People v Ahmed (66 NY2d 307) and People v Mehmedi (69 NY2d 759). However, these cases are clearly distinguishable from the instant situation. In Ahmed, the Trial Judge delegated to his law secretary the duty of answering several notes from the jury, rereading testimony and the charge, and otherwise supervising the jury’s deliberations over the course of two full days. The Court of Appeals held that the defendant’s right to a proper trial by jury was violated by this procedure because "the presence and active supervision of a judge constitute an integral component of the common-law right” (supra, at 312). In Mehmedi, the trial court, in response to a question from the jury, convened the attorneys and after consulting with them in framing an answer to the jury’s question, sent a written response to the jury in the absence of the defendant. The Court of Appeals held that the absence of the defendant when the court instructed the jury violated his fundamental right to be present at a material stage of the trial as mandated by CPL 310.30. It emphasized that "CPL 310.30 makes a defendant’s right to be present during instructions to the jury absolute and unequivocal” (supra, at 760).
The guiding principle of these cases, as here relevant, is
Accordingly, the judgment should be affirmed. Concur—Sullivan, J. P., Carro, Rosenberger, Ellerin and Smith, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.