PEOPLE v. ROSEN


81 N.Y.2d 237 (1993)

The People of the State of New York, Respondent, v. Louis S. Rosen, Appellant.

Court of Appeals of the State of New York.

Decided May 6, 1993.


Attorney(s) appearing for the Case

Lipsitz, Green, Fahringer, Roll, Salisbury & Cambria, New York City (Herald Price Fahringer and Diarmuid White of counsel), for appellant.

Robert M. Morgenthau, District Attorney of New York County, New York City (Amyjane Rettew and Phyllis A. Monroe of counsel), for respondent.

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


Chief Judge KAYE.

A defendant in a criminal trial who has exercised the right to self-representation may not be arbitrarily and categorically excluded from sidebar conferences. That having occurred here, a new trial is necessary.

Defendant Louis Rosen, along with nine others, was indicted on charges of conspiracy, grand larceny and other felonies arising out of a complex scheme to defraud investors through...

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