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PEOPLE v. SPROWAL

84 N.Y.2d 113 (1994)

638 N.E.2d 973

615 N.Y.S.2d 328

The People of the State of New York, Appellant, v. Charles Sprowal, Respondent.

Court of Appeals of the State of New York.

Decided June 16, 1994.

Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney of New York County, New York City (Mark Dwyer and Deborah L. Morse of counsel), for appellant.

Jonathan Garelick, New York City, and Philip L. Weinstein for respondent.

Richard A. Brown, District Attorney of Queens County, Kew Gardens (Steven J. Chananie and Robin A. Forshaw of counsel), pro se, amicus curiae.

Kevin Dillon, District Attorney of Erie County, Buffalo, and James M. Catterson, Jr., District Attorney of Suffolk County, Riverhead (Michael J. Miller of counsel), for New York State District Attorney's Association, amicus curiae.

Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur.

Chief Judge KAYE.

On this appeal we revisit the subject of a criminal defendant's right to be present during sidebar discussions with prospective jurors.

Defendant was tried in May 1989 for sale of cocaine to an undercover officer. During voir dire, three prospective jurors stated in sidebars with the court that they might know the defendant, his family or the location of the crime. Several other venirepersons...

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