PEOPLE v. EARL


208 A.D.2d 430 (1994)

617 N.Y.S.2d 179

The People of the State of New York, Respondent, v. Richard Earl, Appellant

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

October 18, 1994


Defendant was present at the jury voir dire conducted in open court and had the opportunity to consult with his attorney before challenges for cause and peremptory challenges were presented to the court in a robing room conference at which defendant was not present. The robing room discussion "was a mere preliminary advisement of the court of challenges later effectuated in open court in the presence of defendant and thus did not constitute a material part of the trial...

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