PEOPLE v. GONZALEZ


203 A.D.2d 192 (1994)

611 N.Y.S.2d 155

The People of the State of New York, Respondent, v. Rafael Gonzalez, Appellant

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

April 26, 1994


The record does not bear out defendant's claim that he was unable to fully participate in Sandoval proceedings that may have been conducted at sidebar when the jury was not in the courtroom. Defendant does not claim that he was not in the courtroom, but only that he was not asked to approach the bench. Since the jury was not in the courtroom, it would be entirely speculative to conclude that the sidebar was conducted in a hushed dialogue out of defendant's hearing...

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