State v. Frank Dellisanti (A-29-09) 4-27-10
The arrest of defendant Frank Dellisanti for a
probation violation during jury deliberations in his
unrelated criminal trial violated his right under Rule
3:16(b) to be present through the trial’s conclusion
and the rendering of the verdict. Because the record
does not establish that the Rule’s conditions for
waiver were satisfied, the Court reverses Dellisanti’s
convictions and remands for a new trial.
