People v. Mehmedi, 69 N.Y.2d 757 (1987)

A defendant has an absolute and unequivocal right to be present during jury instructions, and failure to comply with CPL 310.30 (mandating defendant’s presence) is a substantial departure from statutory procedure, rendering harmless error analysis inappropriate.

Summary

Mehmedi was convicted of weapons possession after a search of a car he was driving revealed unlicensed guns. During jury deliberations, the jury asked who opened the console where the guns were found. The judge, in the defendant’s absence, and over defense counsel’s objection to the wording, sent a note stating the police officer said the defendant did, but the defendant denied it. The Appellate Division reversed, citing the defendant’s absence during jury instructions. The Court of Appeals affirmed, holding that the defendant’s right to be present during jury instructions under CPL 310.30 is absolute, and a violation necessitates a new trial without harmless error analysis.

Facts

Police officers stopped and searched a car driven by Mehmedi. The search revealed two loaded, unlicensed guns. The police officer testified he saw bullets in the console between the front seats when Mehmedi opened the console to look for the car’s registration. Mehmedi denied opening the console and claimed he had no knowledge of the guns, which belonged to his brother.

Procedural History

Mehmedi was indicted and tried for weapons possession. The jury convicted him. The Appellate Division reversed the conviction and ordered a new trial because the trial court instructed the jury in Mehmedi’s absence. The People appealed to the New York Court of Appeals.

Issue(s)

1. Whether the trial court erred by answering a question from the deliberating jury in the absence of the defendant.
2. Whether the error of instructing the jury in the defendant’s absence is subject to harmless error analysis.

Holding

1. Yes, because CPL 310.30 mandates the defendant’s presence during jury instructions.
2. No, because the defendant’s right to be present during jury instructions is absolute, and a violation is a substantial departure from statutory procedure, precluding harmless error analysis.

Court’s Reasoning

The Court of Appeals stated that CPL 310.30 requires the court to return the jury to the courtroom when they request additional instructions and, “in the presence of the defendant,” provide the requested information. The Court emphasized that failure to comply with CPL 310.30 constitutes a substantial departure from a statutory provision that affects “‘the organization of the court or the mode of proceedings prescribed by law’” (citing People v. Ahmed, 66 N.Y.2d 307, 310). The court underscored the fundamental right of a defendant to be present at all material stages of a trial. CPL 310.30 makes this right “absolute and unequivocal.” The Court reasoned that because the defendant was absent during a material part of his trial, harmless error analysis was inappropriate. The court distinguished cases where harmless error analysis might apply, such as People v. Mullen, 44 N.Y.2d 1 (Trial Judge’s in-chambers questioning of juror) and People ex rel. Lupo v. Fay, 13 N.Y.2d 253 (defense argument for mistrial). The Court explicitly stated, “Because this defendant was absent during a material part of his trial, harmless error analysis is not appropriate.” Thus, any violation of CPL 310.30 requires automatic reversal.