PEOPLE v. McCANTS


197 A.D.2d 887 (1993)

604 N.Y.S.2d 839

The People of the State of New York, Respondent, v. Samuel McCants, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

October 1, 1993


Judgment unanimously affirmed.

Memorandum:

The contention of defendant that he is entitled to a new trial because he was deprived of the right to be present when the court conducted a "screening" procedure lacks merit. The so-called "screening" was conducted with respect to the prospective jurors summoned for jury service and not as part of the impaneling of the trial jury. Thus, defendant's right to be present "during the trial of an indictment" was not violated...

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