PEOPLE v. LOVETT


192 A.D.2d 326 (1993)

595 N.Y.S.2d 476

The People of the State of New York, Respondent, v. Joseph Lovett, Appellant

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

April 1, 1993


Defendant's right to be present at his trial was not violated. Though neither he nor his attorney were present when the court held a discussion with counsel for the sole eyewitness and the prosecutor, following the eyewitness's second day of testimony, that discussion was not a part of the trial. While, plainly, the eyewitness's credibility at the trial was an overriding consideration for conducting the conference, the eyewitness's credibility was not tested at the conference...

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