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REVERSIBLE ERROR TO READ BACK TO THE JURY THE PROSECUTOR’S SUMMATION BUT NOT THE DEFENSE SUMMATION.

The Fourth Department determined the trial judge's reading back (to the jury) of only the prosecutor's summation was reversible error:

County Court abused its discretion in reading back the prosecutor's summation without also reading back the defense summation.  * * *

Pursuant to CPL 310.30, “the jury can request a reading of not only evidentiary material, but also any material which is pertinent to its deliberation, including the summations, and the trial court must give such requested information or instruction as [it] deems proper' ” … . We agree with defendant that the court abused its discretion in reading back only the prosecutor's summation under the circumstances presented here. The evidence of defendant's guilt is not overwhelming, and the jurors were clearly divided at times during their deliberations, as demonstrated by their frequent requests for guidance from the court through numerous notes. People v Rivers, 2016 NY Slip Op 03327, 4th Dept 4-29-16


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