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PEOPLE v. CURRY

209 A.D.2d 357 (1994)

618 N.Y.S.2d 795

The People of the State of New York, Respondent, v. Otis Curry, Appellant

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

November 29, 1994

Defendant's claim that his right to be present was violated when the court conducted sidebar conferences of prospective jurors in his absence is without merit because defendant waived his right to be present. After defendant initially responded that he was not waiving his right to be present, the court again spoke with him, whereupon, the prosecutor asked "is the record clear now that the defendant is waiving his right to appear...

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