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PEOPLE v. ORTEGA

209 A.D.2d 225 (1994)

618 N.Y.S.2d 1021

The People of the State of New York, Respondent, v. Wilfredo Ortega, Appellant

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

November 10, 1994

Defendant's right to be present during the impaneling of the jury pursuant to CPL 260.20 was not violated because of his absence during robing room discussions when the attorneys advanced the legal basis for their challenges for cause and identified their peremptory challenges. Defendant's presence in the robing room was not required because the discussion there was "a mere preliminary advisement of the court of challenges later...

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