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  5. 80 N.Y.2d 944 (1992)
 

PEOPLE v. TORRES

80 N.Y.2d 944 (1992)

The People of the State of New York, Respondent, v. Angelo Torres, Appellant.

Court of Appeals of the State of New York.

Decided October 20, 1992.

Attorney(s) appearing for the Case

Orenstein Musoff & Orenstein, P. C., New York City Michael J. Coyle and Keith S. Orenstein of counsel), for appellant.

Charles J. Hynes, District Attorney of Kings County, Brooklyn (William M. Harrington, Jay M. Cohen and Roseann B. MacKechnie of counsel), for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, TITONE, HANCOCK, JR., and BELLACOSA concur; Judge SMITH taking no part.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

In People v Mullen (44 N.Y.2d 1), the Court held that defendant's right to be present at all material stages of trial was not violated when a hearing on a sworn juror's possible disqualification was held in defendant's absence. Although in People v Darby (75 N.Y.2d 449<...

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