A criminal defendant is entitled to a new trial because the trial judge granted jurors’ request to have the prosecution’s closing statement read back to them, but denied the defense’s request that the defense summation also be read back, an appeals court said.
A panel of the Appellate Division, Fourth Department, ruled that defendant Tyrel Rivers may have been prejudiced by the readback of only the prosecution’s summation during his 2013 trial before Onondaga County Court Judge Joseph Fahey.
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