People v. Radcliff

Defendant was convicted, after jury trial, of possession of a stolen motor vehicle and burglary, and judgment was entered only on the former charge. Trial judge was absent from the bench while defense counsel cross-examined a State witness as to incident report, and witness looked at incident report. Then judge returned, and defense counsel continued cross-examination of witness. Defendant's right to fair trial was compromised because court did not call a recess and the cross-examination of witness continued in the complete absence of the presiding trial judge. (NEVILLE and SALONE, concurring.)