PEOPLE v. MITCHELL


80 N.Y.2d 519 (1992)

The People of the State of New York, Respondent, v. Herbert Mitchell, Appellant. The People of the State of New York, Respondent, v. Miguel Casiano, Also Known as Raymond Casiano, Appellant. The People of the State of New York, Respondent, v. Leval Chambers, Appellant.

Court of Appeals of the State of New York.

Decided December 17, 1992.


Attorney(s) appearing for the Case

Paul Lewis, New York City, and Philip L. Weinstein for appellant in the first above-entitled action.

Richard A. Brown, District Attorney of Queens County, Kew Gardens (Barbara D. Underwood and Robin A. Forshaw of counsel), for respondent in the first above-entitled action.

William A. Loeb, New York City, and Philip L. Weinstein for appellant in the second above-entitled action.

Robert T. Johnson, District Attorney of Bronx County, Bronx (Peter D. Coddington and Raphael Berman of counsel), for respondent in the second above-entitled action.

Elizabeth J. Miller, New York City, and Philip L. Weinstein for appellant in the third above-entitled action.

Robert T. Johnson, District Attorney of Bronx County, Bronx (Jonathan Svetkey and Billie Manning of counsel), for respondent in the third above-entitled action.

Robert T. Johnson, District Attorney of Bronx County, Bronx, for New York State District Attorneys Association, amicus curiae, in the first, second and third above-entitled actions.

Anthony J. Ferraro, New York City, Debora K. Grobman, Jay Shapiro and Barry L. Kluger for Association of the Bar of the City of New York, amicus curiae, in the first, second and third above-entitled actions.

Judges KAYE, TITONE, HANCOCK, JR., BELLACOSA and SMITH concur.


Acting Chief Judge SIMONS.

In People v Antommarchi (80 N.Y.2d 247, rearg denied 81 N.Y.2d 759 [decided today]), the trial court questioned 37 of 67 prospective jurors at a sidebar, in defendant's absence, about their subjective thoughts on a number of issues. We reversed the conviction stating that while a "court may conduct sidebar discussions with prospective...

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