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PEOPLE v. STOKES

214 A.D.2d 326 (1995)

625 N.Y.S.2d 11

The People of the State of New York, Respondent, v. Shawsharnol Stokes, Appellant

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

April 4, 1995

The record supports defendant's contention that he was not present when certain venirepersons were questioned at sidebar regarding their ability to be fair and impartial. However, as none of the individuals in question served on the jury, any loss of opportunity by defendant to assess the verbal and subliminal responses of the individuals for indications of bias or hostility cannot be said to have operated to defendant's prejudice...

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