Appellate Division of the Supreme Court of the State of New York February 3, 1995 (People v. Stanley)

Denman, P. J., and Balio, J. (dissenting).

We conclude that defendant’s absence from part of the viewing of the crime scene denied defendant his right to be present at a material stage of trial. During deliberations, the deadlocked jury asked to visit the crime scene. Upon the consent of the People and defendant, the court granted that request.